1. This is an application to condone the delay in the filing of the Second Appeal.

2. The Superintendent of the Filing Section of this court has made a note that appeal would be within time only if the day on which the copy of the decree was notified to be taken by the party is excluded in computing the period of limitation for the appeal, but not otherwise. In view of this note, the learned counsel for the appellant has filed this application by way of abundant caution with prayer to condone the delay, if any, in the institution of this Second Appeal.

3. I am of the view that the day notified for appearance of the party to take delivery of the copy of the decree has to be excluded in computing the period of limitation for his filing the appeal from that decree. It must be counted as part of the time requisite for his obtaining the copy of the decree within the meaning of S.12 (2) of the Limitation Act.

4. The matter is also covered by several precedents. In Raman Chetty v. Kadirvelu, 8 MLJ. 148, where a copy of judgment was applied for on the 27th October and that of the decree on the 28th October and the former copy was ready on the 31st October and the latter on the 2nd