( 1 ) THIS appeal against an order of acquittal passed by a Magistrate of Alipore on November 21, 1961, was preferred in this Court on January 16, 1961, by the complainant Nanilal Samanta upon obtaining special leave under Section 417 (3) of the Code of Criminal Procedure. That leave was granted on February 13, 1962 and by the same order the appeal was admitted on preliminary hearing. Notice of the appeal was served on the accused Respondent on March 4, 1962 and appearance was entered on behalf of Respondent No. 1 on March 13, 1962, by filing a Vakalatnama through Mrs. Archana Sen Gupta Advocate.

( 2 ) WHEN the 'appeal was remaining pending in this Court on April 1, 1963, an application on behalf of one Premada Samanta (widow, of Nanilal Samanta) was filed stating therein that the complainant appellant Nanilal Samanta died on March 18, 1962 and praying "to allow your petitioner to prosecute the appeal after substituting her name in place of deceased appellant and after serving the copy of this petition on the accused respondents as also on the other legal heir of the deceased namely the appellant's son Satish Chandra Samanta. " this application was made after givi