1. This is an appeal against a judgment of Coyajee J.," and preliminary objections are taken by Mr. Purshottam on behalf of respondent 1 that the appeal is barred by limitation. The judgment of Coyajee J., was delivered in an Originating summons and the learned Judge answered most of the questions on 11-8-1954.

Some questions were not answered and certain directions remained to be given, and therefore the Originating summons came on again before the learned Judge on 15-9-1954 on which day he delivered his final judgment. Therefore the period of limitation for an appeal on the Original Side is 20 days. The appeal was filed on 8-12-1954. Primp, facie, therefore, the appeal is barred by limitation.

2. Now, what is contended by Mr. Desai is that he is entitled to exclusion of time under Section 12 (2). Limitation Act. His contention is that time was requisite for getting a copy of the order made by Coyajee J., and that time can be excluded under the provisions of Section 12 (2). As a matter of fact, a certified copy of the order was issued to the appellant on 23-2-1955. .

Therefore, if the time taken between 15-9-1954 and 23-2-1955 was requisite time, then undoubtedly the appeal i