RANGANADHAM CHETTY, J.

( 1 ) THE petition is for condoning the delay of 60 days in presenting a pauper appeal. The ground pleaded is that the Advocates Clerk in the lower Court informed the petitioner that the time for filing a second appeal is 90 days.

( 2 ) WE have two Articles in the Limitation Act governing the filing of Second Appeals. In cases where court-fee is paid or payable. Article 156 applies and the period is 90 days while in the case of appeals filed in form a paupers Article 170 prescribes the period as 30 days. It is argued by the learned Advocate for the petitioner that by mistake the provision of Article 170 was overlooked and that there are decisions which say that a vakils mistake or a vakils clerks mistake is capable of condemnation. Krishna v. Chathappan, ILR 13 Mad 269 is relied on for the observation that the learned Judges "are not prepared to hold that a mistake in law is under no circumstances a sufficient cause within the meaning of Section 5 of the Limitation Act. " The Court was dealing with a case where the party was advised that an appeal lay to the High Court inasmuch as the decree was for a sum exceeding Rs. 5,000. 00. The appeal was filed but was r

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