Advocates:
Counsel for the Parties:
For the Appellant:Mr. Rajesh Bhushan, Advocate
For the Respondent:Mr. Abhishek Wazir, Advocate

Based on the provided legal document, here are the key points regarding the substitution of parties and the duty to communicate death:

• Suspense of Proceedings: Until the legal heirs of a deceased defendant are brought on record, the suit or appeal remains in a state of suspense; if the court proceeds with the matter in the meantime, it carries no legal effect. (!) (!)
• Duty of Counsel: It is incumbent and obligatory upon the counsel for a deceased defendant to communicate the death to the trial court under Order XXII Rule 10-A of the Code of Civil Procedure (CPC). (!) (!)
• Distinction Between Rules: The ambit of Order 1 Rule 10(2) (adding necessary/proper parties) and Order XXII Rule 4 (substitution due to death) is totally different; where Order XXII Rule 4 applies, the provisions of Order 1 Rule 10(2) are excluded. (!) (!)
• Consequences of Non-Communication: If the fact of a defendant's death is never reported by their counsel to the trial court, the court may not have recorded this fact, leading to the conclusion that the opposing party (plaintiff) was unaware of the death. (!) (!)
• Illegal Abatement: An order abating a suit is not legally sustainable if the plaintiff was unaware of the defendant's death and the death was not reported by the defendant's counsel. (!) (!)
• Allowed Substitution: An application filed by the plaintiff for the substitution of a deceased defendant by their legal representatives should be allowed if the death was not previously reported to the court. (!)
• Counsel's Obligation: When a pleader comes to know of a party's death, they must inform the court, after which the court must give notice to the other party. (!) (!)
• Diligence Requirement: The need for diligence commences from the date the death is reported and recorded by the court; total inaction or negligence by the other party after such knowledge can lead to abatement. (!) (!)
• Application Format: There is no prescribed format for an application under Order XXII Rule 4; it must be in writing, in the language of the court, and supported by an affidavit (though non-filing of affidavit is a curable irregularity). (!) (!)
• Notice to Heirs: Upon entertaining an application for substitution, the court must issue notice to the proposed legal heirs to afford them an opportunity of hearing before making an order. (!) (!)
• Setting Aside Abatement: If a suit has abated due to the death of a defendant, an application to bring legal heirs on record can be treated as an application to set aside the abatement. (!) (!)