Court held that it is obvious that the intended effect of Rule 42 is to bring an act within the accepted time if the justice of the case requires. There would have been no reason to have the above provision if an act done out of time was an incurable nullity. A document filed out of time is therefore voidable as it may be validated by extension of time. Court stated that justice of this case required exercise of court’s discretion under Rule 42 (a) to extend time for the respondent to file his appeal.