Motion denied with the remark, as to the failure to serve notice on the defendant in default — Estate of José Gallart— that sufficient basis does not exist for the conclusion that the defendant is really the “adverse party” referred to in section 296 of the Code of Civil Procedure, who may be affected by the reversal of the judgment — a conclusion which must first be reached in order to decide whether it was necessary that notice of the appeal should be served on him.