IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1294 of 1995 1. The State of Bihar 2. The Secretary, Planning and Development Department, Govt. of Bihar, Patna. 3. The Director, Directorate of Statistics and Evaluation Planning and Development Department, Govt. of Bihar, Patna ----- Respondents. - ---- Appellants. Versus 1. Ram Babu Singh, son of late Rameshwar Singh, resident of Village- Dhakkanpura, P.S. Gardanibagh, District-Patna. ---- Petitioner ----- Respondent I. 2. Jai Prakash Narayan Shrivastava, Son of Late Banshidhar Lal, resident of Jagadishpur, P.O. & P.S. Jagadishpur, District-Bhojpur at present posted as Accountant, Directorate of Statistics & Evaluation, Govt. of Bihar, Patna ---- Respondent II. --------- I.A. No. 1007 of 2009 10. 28.10.2009 Heard learned counsel for the parties. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred against the order dated 5.7.1995, passed in C.W.J.C. No. 7435 of 1993( Ram Babu Singh Vs. The State of Bihar & Ors.), by a learned Single Judge of this Court, whereby direction has been issued to the respondent authorities to consider the case of the writ petitioner for promotion to the post of the Accountant. Learned counsel for the appellants presses this interlocutory application which is in the nature of a substitution application. It is stated therein that respondent no.2 (late Jai Prakash Narayan Shrivastava) died in harness on 19.9.2003, leaving behind his heirs mentioned in paragraph 1 of this application. It appears that respondent no.2 died on 19.9.2003, and the present application was filed in this Court on 13.2.2009. It thus appears that the substitution is hit by delay. We do not wish to 2 proceed any further. I.A. No.1007 of 2009 is accordingly rejected. It thus appears to us that the impugned judgment has become final so far respondent no.2 is concerned. Allowing it to continue against remaining respondents may result in inconsistent orders/judgments. The appeal as a whole has become incompetent and, therefore, can not proceed. It is accordingly dismissed as having become incompetent. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)