JUDGMENT

1. The appellant in this case filed an appeal against a judgment of the District Court of Bassein on 1st December 1930. The appeal was admitted. An estimate of the copying fees necessary for Bench copies was prepared on 13th March 1931 and issued the next day. On 23rd March a request was made for time to pay the fees and time was given until the 30th. No payment had been made by that day and an extension of time was given until 20th April. By 21st April the fees had still not been paid and the case was struck off for default under the rules of this Court. On 3rd October an application was made to have the case restored to the file. On 5th October a fresh appeal was filed as an alternative as a precautionary measure. The question for our decision is whether the appellant should be allowed to prosecute her appeal either by restoration of the previous appeal or by admission of the appeal filed on 5th October. The appellant Ma Sein has sworn an affidavit to the effect that a letter was sent to her brother on 17th March from Maung Aye Maung, a clerk of her advocate, asking for a remittance of Rs. 172-13-0 for copying fees. She had not the money available then and sent her brothe