Macnair, A J C—The appellant filed; a memorandum of appeal a day or two before the expiry of the period of limitation. The memorandum was signed by his pleader and contained the following note: The memo of appeal should have been written on court-fee of Rs. 90 but as the client has not come and has not been able to arrange for court-fees the memo of appeal is filed on a Court-fee of annas eight only. The deficiency will be paid on or before the date of arguments.

2. It appears then that the appellant had failed to provide his pleader with funds or even to give him definite instructions. The appeal was filed on a stamp of a trivial value with the object of leaving it open to the appellant after the period of limitation had expired to pay the court-fee or to decide to take no further steps, the pleader expended eight annas. The learned District Judge rejected the memo of appeal because it was insufficiently stamped and no sufficient ground was shown for extending the time for supplying the proper court-fee. He remarked that the filing of the appeal on an eight-anna stamp was a mere evasion.

3. In second appeal it is urged that the lower appellate Court was bound to give time fo