K.K.LAHOTI, J. - (1.)THIS is plaintiffs appeal aggrieved by the judgment and decree passed by the 1st Additional District Judge, Rewa in Civil Appeal No. 7-A/1986 dated 21.11.1989, by which the judgment and decree passed by IVth Civil Judge Class-II, Rewa in Civil Suit No. 18-A/1981 dated 21.7.1986 was reversed. The appellate Court while reversing the judgment and decree of the trial Court dismissed the suit of appellants.
(2.)THIS appeal was admitted on 10.7.1990 on the following substantial question of law :-
"Whether the first appellate Court was justified in reversing the judgment and decree impugned despite the fact that the judgment debtor defendant No. 3 Ramkhilawan neither filed any appeal nor made a party to the first appeal ?"
On 6.3.2002 one more substantial question of law was framed which reads thus :-
"Could there be any gift of immovable property in favour of Jaypratap Singh (R-1) without execution of a valid gift-deed attested by two witnesses ?"

This matter was heard and decided on 25.6.2002, but the respondents filed an application for recalling of judgment and decree dated 25.6.2002 on the ground that during the pendency of appeal plaintiff Ramavatar died on 12.1.2001, but without impleading the legal representatives of Ramavatar namely Triveni Singh and Chunni Bai a decree was passed. As a decree was passed against a dead person so the order be recalled. This application was registered as M.C.C. No. 1003/2002 and vide order dated 31.1.2003 the judgment and decree dated 25.6.2002 were recalled. Thereafter the appellants filed an application I.A. No. 598/2003 and M.(C).P. No. 843/2003 which were heard and decided on 2.5.2003 and this Court allowed the application for substitution of legal representatives of Ramavatar and abatement was set aside. Thereafter the matter is heard afresh.

(3.)AFTER recalling of order dated 25.6.2002 on 31.1.2003 the respondents filed an application under Order 41 Rule 27 C.P.C. on 24.4.2003. Alongwith the aforesaid application the respondents filed photo copy of gift deed dated Miti Jeth Suti Ekadashi Samvat 2036 (year 1979) and an order dated 10.9.1980 in M.J.C. No. 26/1971 by Second Civil Judge Class-II, Rewa deciding an application under Order 39 Rule 2A of C.P.C.