Narendra Nath Tiwari, J. - (1.) PARASNATH Singh is the Appellant and one Pranpati Devi was Respondent No. 1. She died during the pendency of the appeal. The Appellant filed an interlocutory application, being I.A. No. 2635 of 2009, praying for deletion of the name of Respondent No. 1, stating that she died issueless. The said prayer was allowed and the name of Respondent No. 1 was deleted by order of this Court dated 12th October, 2009 at the risk of the Appellant.
(2.) THE contention of the Appellant is that subsequently he come to know that the said original Respondent No. 1 had left behind two grandsons. The present interlocutory applications have been filed for bringing on record the said two grandsons in order to substitute the original Respondent No. 1. It has been stated that said Pranpati Devi was living at village Rasulpur in the district of Balia (Uttar Pradesh). The Appellant now got information that she left behind two grandsons, being the sons of her predeceased son. It has been stated that in the earlier interlocutory application, the said fact could not be brought on record, as he could not know about the said two grandsons of Pranpati Devi despite due diligence. Though by order dated 12th October, 2009 the name of Pranpati Devi was deleted by the Appellant at his risk. It has been submitted that now after the discovery of existence of the said two grand -sons, if they are nor brought on record and substituted in place of original Respondent No. 1 -Pranpati Devi, the appeal shall stand abated and the Appellant shall be put to suffer irreparable loss and injury.
(3.) IT has been further submitted that this second appeal has been admitted by framing substantial questions of law on 26th February 2009 and there are good grounds in the appeal to substantiate the said questions of law.;