JUDGMENT :

A. BADHARUDEEN, J.

1. This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No. 15 of 2020 dated 20.06.2023 on the files of the Court of the Additional District Judge-IV, Palakkad arose from decree and judgment in O.S. No. 170 of 2012 dated 30.09.2019 on the files of the Munsiff Court, Chittur. The appellants herein are plaintiffs 2 to 4 and the respondents are the defendants in the above suit.

2. Heard the learned counsel for the appellants as well as the learned counsel appearing for the 1st respondent. No representation for the 2nd respondent.

3. Parties in this appeal shall be referred as “plaintiffs” and “defendants” with reference to their status before the trial court.

4. On hearing both sides, this appeal stands admitted by formulating the following substantial questions of law:

1. Whether the trial court is justified in dismissing the suit on finding non-joinder, without providing an opportunity to the plaintiffs to implead necessary party, before the dismissal of the suit?

2. Whether the First Appellate Court properly addressed the question