Patanjali Sastri, J.

1. This appeal arises out of a suit brought by the appellant in the City Civil Court to enforce an equitable mortgage,

2. A preliminary objection is taken to the maintainability of the appeal on the ground that it is barred by limitation. The decree of the Court below was passed on the 28th August, 1940, and the application for certified copies of the decree and judgment was made on the 29th August. The requisite copy stamps were called for on, the 26th September, but as they were hot deposited in time, the application was rejected on the 30th of the same month. A fresh application for copies was made on the 2nd October. A petition to restore the original application was also filed on the 3rd October. The Court below after hearing the objections of the respondent passed an order on the llth October, that copies be granted on the original application with a note thereon that they were granted in pursuance of the petition to restore the original application which had been rejected. The requisite stamp papers were deposited on the same day and the copies were delivered on the 21st October. It is not disputed that if the time prescribed for filing the appeal