Where an appellant
withdraws his appeal or fails to prosecute it as provided by this Act, the
respondent may apply to a judge on summons for the dismissal of the appeal and
the judge —
(a) may
dismiss the appeal; or
(b) may,
on the application of the appellant, permit him to prosecute the appeal within
such period and on such terms and conditions as the judge thinks fit,
and in either case the
judge may make an order for the payment by the appellant of the costs of and
incidental to the summons.