JUDGMENT

Grimwood Mears, C.J. - In this case the appellant applied u/s 5 of the Limitation Act and asked that a time-barred appeal might be heard on the ground that there was 'sufficient cause' for his having failed to comply with the rules. When a second appeal is presented to this Court, there is no doubt that the copy of the first court's judgment and a copy of the judgment and decree of the lower appellate court must be filed. The appellant waited until almost the last day for the admission of his appeal, and then, on the 2nd of May, 1921 filed the judgment and decree only of the lower appellate court. The last day of limitation expired on the 3rd of May, 1921. The appellant, having learnt that the appeal could not be admitted without the judgment of the first court, subsequently obtained it and then asked that time should be extended and the appeal admitted. It is stated that his failure to comply with the rules was due to the error of the vakil, in the district, who had informed him that the judgment and decree of the lower appellate court were alone necessary.

2. We believe that this is what actually happened, and, therefore, the question arises whether that explanation can in