( 1 ) AGAINST an appellate decree by the Additional District Judge, Fourth Court, at Alipore, District 24 Parganas, the petitioner, State of West Bengal, filed a Second Appeal to this Court, on November 17, 1958. The sole respondent in the appeal was one S. K. Maity alias Sachindra Kumar Maity, who was, as it now transpires, dead at the filing of the appeal. The appeal was admitted by this Court, on September 24, 1959, under Order XLI Rule 11 of the Code of Civil Procedure. A process server, who went to serve the notice of the appeal on the respondent, found out that the respondent had the sometime ago and returned the notice unserved with a report to the above effect Thereafter, on May 19, 1960, the case was placed before the Registrar of the Appellate Side of this Court, taking Lawazimah matters, for further action on the report of the process server. It is alleged, that the Advocate for the appellant State came to know, for the first on that date that the sole respondent was dead. Since the process server's report did not contain any information either about the date of the death or about the heirs or legal representatives of the respondent, the learned Advocate ha