Code of Civil Procedure, 1908–Order 22, Rule 9–Specific Relief Act, 1963–Sec. 12–Abatement of suit qua the defendant no. 1–Plea was raised in the reply that the suit has abated as a whole, however, the submission was not noticed by the trial Court–Issue requires to be determined by the trial Court–Matter deserves to be remanded back to the trial Court for determining the issue.