K. C. CHUNDER, J.

( 1 ) THIS is an appeal against an appellate judgment of the Special Appellate Bench of the Court of Small Causes, Calcutta, affirming that of the Judge, 6th Bench. It appears that an ejectment order was passed by the Small Cause Court Judge. An appeal was filed to the Special Bench. It appears and cannot be contested from the papers on record that at the time when this ejectment decree was passed a formal decree as required under the Code of Civil Procedure in the form prescribed thereunder was not drawn up in that Court. Indeed, till the High Court pointed out that a formal decree was necessary in view of the changes introduced by the Rent Control Act that the question of filing a decree ever arose. Indeed, in the present case, the so called decree on record is what has been always known in the court of Small Causes, Calcutta as an after-judgment statement and as it appears that there was never the practice of filing an after judgment statement in any appeal in the Calcutta Court of Small Causes following the usual practice none such was filed. Having been told by this court the learned Judges of the Special Bench, it seems, blamed the poor lawyers of the court

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