The Chief Justice.-The petitioner is the plaintiff in O.S. No. 61 of 1946 in the Court of the Subordinate Judge of Guntur. She obtained a decree on 7th December, 1946. On 15th April, 1947, the respondent to this application, who was the first defendant in the Court below, presented to this Court an appeal which was valued at Rs. 25,305. The proper court-fee payable thereon was Rs. 1 342-7-0 The appeal was presented however with a court-fee of Rs. 10. The memorandum of appeal was returned by the office, on 1st May, 1947, inter alia for payment of the deficit court-fee. On 3rd January, 1949, an application was made by the respondent herein to excuse the delay in payment of the deficit court-fee. The delay was of nearly two years. On 5th January, 1949, a learned Judge of this Court sitting in the Admission Court excused the delay without directing notice to the other side, that is, the petitioner before us. The petitioner on coming to know of the facts after a stay of execution had been obtained by the respondent has filed the present application to dismiss the appeal on the ground that the delay in the oav-ment of deficit court-fee ought not to have been excused and therefore