The main legal point established in the judgment is the court's authority to admit additional evidence at the appellate stage for substantial cause, as provided under Order XLI Rule 27(1)(b) of the CPC.

Defendants are appellants while plaintiff is respondent.

2. The Court is engaged in hearing argument at the end of appellants/defendants for the last so many days and during course thereof, while referring the evidence adduced on behalf of respondent/plaintiff together with the evidence, adduced on behalf of appellants/defendants over the vital issue relating to identification of the Respondent/plaintiff that too in the background of aberration by the learned trial court in properly exercising application of Section 165 of the Evidence Act, at an appropriate stage of trial leaving a gorge and on account thereof, Court felt assistance of respective counsel whether at the present moment application of Order XLI Rule 27(1)(b) will be justifiable? Both the parties have properly assisted the Court by their lucid arguments coupled with relevant citations.

3. For better appreciation of requirement in terms of Order XLI Rule 27 (1) (b) of the CPC, the facts of the case have to be taken note of.

4. Furnishing pedigree of the family at the foot of the plaint Respondent/Plaintiff (henceforth plaintiff) shown herself to be daughter of Syed Zafar Husnain @ Lal Babu who died leaving behind heirs shown thereunder including plaintiff, as well as properties so detailed under different schedules of the plaint wherein plaintiff has got share as per Mahomedan Law and so asked for partition, which the appellants/defendants (hereinafter defendants) declined as the plaintiff married with Javed against the will and wish of defendants who are none else than mother, brother and sister of the plaintiff.

5. Appellants/defendants, after their appearance, filed WS wherein apart from other grounds, it has also been pleaded that Sahnaz Hussain was daughter of late Sayed Zaffar Hussain, who gone missing and since thereafter, is traceless. The present plaintiff, claiming as Shahnaz Begam is not the daughter of Syed Zaffar Husnain @ Lal Babu rather is an imposter. After having the respective pleadings on record, documents filed on behalf of respective parties, framing of issues, while the evidence of plaintiff, PW-39 was going on, an amendment was sought for in the WS wherein it has specifically been averred that while plaintiff has come in the dock to depose, the defendant has occasion to see the plaintiff and then, they came to know that plaintiff is a stranger to the family whose real name is Rabal Bai whose mother’s name is Most. Sagaro and is a resident of Bokano Village and is a dancer. She has been used as an imposter at the end of Jawed to grab the property taking the misfortune of the family as boon.

6. So, from the WS it is apparent that though presence of Shahnaz Begam to be daughter of Syed Zaffar Husnain @ Lal Babu has been admitted, however, with a story of her disappearance as well as untraceable till today. In the aforesaid background, the status of plaintiff has been de-recognized, which, at the time of her examination as PW-39, further been glisten with specific identity by way of amendment of WS, and on that very aspect, plaintiff, PW-39, was recalled to controvert the theme brought up by way of amendment in the WS.

7. It is also evident from the record that witnesses have also been examined including exhibit of documents at the side of plaintiff to support her plea, even PW-39, (plaintiff) during her examination exhibited admit card having photo affixed thereupon as Ext-14, while other witness had exhibited admission form having photo affixed thereon, Ext-32. At her end, handwriting expert has also been examined and his report is an exhibit of the record.

8. Defendants themselves have also got examined including others to disown the plaintiff to be agnation, that of theirs as well as exhibited the documents. The defendants while examining themselves as DW 432, 433 have completely negated the claim of plaintiff and deposed that she was not at all admitted to college. Though, her handwriting over relevant documents have been challenged by way of