IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1300 of 1995 1. State of Bihar. 2. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 3. The Commissioner, Agriculture, Government of Bihar, Patna. 4. The Director, Soil Conservator, Government of Bihar, Patna. 5. The Director, Statistics Evaluation, Government of Bihar, Patna. .... Appellants. Versus 1. Subodh Prakash Singh, son of Sri Rameshwar Singh, resident of Bibiganj Bhattah, P.S. Danapur, District- Patna. 2. Shambhunath, Son of Ganga Prasad, resident of Nehru Tola, P.O. Begampur, P.S. Chowk, District- Patna. 3. Sanjoy Kumar Srivastava, Son of Sri Kapil Pd. Srivastava, resident of village- Chandi, P.S. Harauli, District- Vaishali. 4. Nandji Singh, son of late Ragho Singh, resident of village- Himatpur, P.S. Arrah Sadar, District- Bhojpur. ..... Respondent 1st set. 5. The Secretary, Bihar Public Service Commission, 15-Bailey Road, Patna. 6. The Chairman, Bihar Public Service Commission, 15- Bailey Road, Patna. 7. The Officer on Special Duty, 15, Bailey Road, Patna. ........ Respondent 2nd set. ----------- 09- 19.08.2009 None appears on behalf of the parties. The appeal stood dismissed against respondent no.1. We are of the view that the appeal cannot proceed in his absence and has become incompetent as a whole. In that view of the matter, we do not wish to consider the application at flag ‘A’ filed under the provisions of section 5 of the limitation Act seeking condonation of the delay in filing the appeal. The appeal is dismissed as having become incompetent. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/