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 hei