Sen, J.

A common question as to whether an order for permanent alimony and maintenance passed in terms of section 37 of the Special Marriage Act, 1954 (hereinafter referred to as the said Act) and incorporated in a decree of dissolution of marriage lapses on the death of the husband/judgment debtor or not having arisen for consideration in C.R. 1529 of 1979 and F.A. 11 of 1979, we have heard them together.

2. The above Civil Rule arises out of execution case No.1 of 1977 now pending in the 5th Court of the learned Additional District Judge, Alipore, and is directed against an order dated January 31, 1979, dismissing an objection under section 47 of the Code of Civil Procedure which was registered as Miscellaneous Case No. 3 of 1978. That objection was preferred by Smt. Aruna Basu Mullick, executrix to the estate of late Prafulla Kumar Mitra. It is not in dispute that the opposite party before us, namely, Smt. Dorothy Mitra instituted Matrimonial Suit No. 22 of 1961 against her husband, Prafulla Kumar Mitra and therein obtained a decree of dissolution of her marriage on May 2, 1962, under the provisions of the said Act, and the decree further provided: "The petitioner do get R