1. Heard learned counsel for the appellants and learned counsel for respondent Nos. 1, 3 and 6.

2. This appeal has been filed against the order dated 1.5.2009 passed by the Additional District Judge (F.T.C. No. 4), Rohtas at Sasaram in Civil Misc. Case No. 3 of 2008, by which he has allowed the petition under Order 47 Rule 1, sub- rule (1), read with Section 151 of the Code of Civil Procedure permitting the respondents to give additional evidence, specially in support of calling for the service book of plaintiff No. 2 of the original suit, which was earlier rejected by order dated 17.5.2008 on an application under Rule 41 Rule 27 read with Section 151 C.P.C. filed in T.A. No. 84 of 2002 by the respondents (appellants in the court below).

3. The short facts relevant in the present matter are that Title Suit No. 39 of 1988 was filed by the father and mother of the present appellants for declaration that the suit lands as detailed in Schedule "Kha" of the plaint were their purchased lands and the defendants had no concern whatsoever with the same and the sale deeds executed by the father of the respondents are without authority and they had no right and title over the same an