IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3261 of 2007 RAM NATH ROY Versus BINDESHWAR ROY @ BINDESHWAR PRASAD YADAV & ORS ----------- 02- 26.8.2008 None appears on behalf of the petitioner. This application has been filed by the appellant of F.A. No.07 of 2002 for recall and/or modification of the orders dated 7.5.2004, and 3.8.3004, passed in the appeal. The following order was passed on 7.5.2004: “As prayed for, time up to one week after the ensuing annual vacation of the Court is granted for taking steps for fresh service of appeal notices upon respondents no.2 to 30 by ordinary process, failing which the appeal, as against them, shall stand dismissed without further reference to Bench” Not having been complied with the appeal stood dismissed on 28.6.2004. Consequently the same was placed before the Bench on 3.8.2004, and the following order was passed: “None had appeared on behalf of the appellant on 26.7.2004 and the matter had to be adjourned. None appears on behalf of the appellant today also, although learned counsel for the respondents is present. It appears from the marginal note dated 23.7.2004 that the appeal stood dismissed against respondent nos.2 to 30. In that that view of the matter, the impugned judgment has become final in so far as they are concerned. The appeal as a whole has, therefore, become incompetent. 2 Allowing it to continue with respect to the remaining respondents may result in inconsistent judgment and decree. The appeal cannot proceed in their absence and is accordingly dismissed.” Consequently the appeal has become incompetent and, in view of the nature of the order passed in the appeal, the present application is not maintainable. This application is accordingly dismissed. (S K Katriar, J.) S.K.Pathak/