Ramesh Kumar Datta, J.

1. In this civil revision application, the petitioners are aggrieved by the order dated 17.7.2004 passed by the Second Additional District Judge, Kaimur at Bhabhua in Title Appeal No. 8/8 of 2001 by which he has allowed the petition filed by the defendant-appellant-opposite party holding that it is necessary that the document in question be taken as additional evidence in exercise of powers under Order 41 Rule 27 of the Code of Civil Procedure.

2. The plaintiff-respondent-petitioners had filed Title Suit No. 55 of 1990 for a declaration that the gift deed dated 15.12.1989 purportedly executed by Most. Eitwari Kuer was never executed by her and the same is forged, fraudulent and void and is not binding on the plaintiffs. In short, the case of the plaintiffs was that on the death of the said Etiwari Kuer in the night of 14/15.12.1989 at her village, at about 10.40 A.M. on 15.12.1989 she was cremated at Harischandra Ghat, Varanasi in presence of both the plaintiffs and defendant and upon her death the plaintiffs succeeded to her share in the property left by her husband. Ramgati Lohar and thereafter are in possession of the said suit property. However, s