Sanjay K. Agrawal, J.

1. The substantial question of law involved, formulated and to be answered in the second appeal preferred by appellant/defendant No.1, is as under :-

"Whether the first appellate Court was justified in reversing the judgment and decree of the trial Court without issuing and giving notice to the appellant/defendants, which is contrary to the provisions contained in Order 41, Rule 14 , sub-rule (4) of Code of Civil Procedure, 1908?"

2. In order to answer the above-stated substantial question of law, following facts are required to be noticed.

(I) Plaintiff-Sukhana filed a suit against defendant No.1-Shivpatiya, defendant No.2-Fodor & defendant No.3-Kavla but defendant No.3 Kavla died during the pendency of the suit and his name was deleted from the array of cause title by order of trial Court dated 20.07.1998. The plaintiff's suit was dismissed by judgment and decree dated 16th February, 2000 passed in Civil Suit No.41-A/1999 by the Additional Civil Judge, Class-I, Ambikapur.

(II) Plaintiff-Sukhana preferred an appeal before the first appellate Court being Civil Appeal No. 18-A/2002 (Sukhana v. Shivpatiya & others), the said Court on 01.05.2002 held that si