JUDGMENT

Brett, J. - This is one of two analogous appeals arising out of the proceedings in two analogous execution cases which were disposed of by the same order on 18th November 1901. The analogous appeal No. 48 of 1902 came on for hearing before a Division Bench of this Court consisting of Prinsep and Stephen, JJ., and was dismissed by them with costs on the 18th March 1903 [See Dinamoni Chaudhurani v. Elahudad Khan 7 C. W. N. 678 (1903)]. For some unexplained reason the paper-book in this appeal was not then ready, though it consists of 5 pages only and though for the purposes of hearing the appeal it is incomplete as the full judgment with the reasons for the order appealed against appear in the paper-book of the analogous appeal No. 48 of 1901. At all events this appeal was not then brought on for hearing before that Division Bench but it has been brought on the file of this Bench for hearing about a year afterwards. The course which has been adopted is a departure from the usual practice of the Court and is much to be deprecated. This appeal has been argued before us practically as an appeal from the decision of the previous Division Bench and we are invited to differ from th