King, J.

1. This is an appeal by two would-be appellants in the Court of the learned District Judge of Bast Godavari, They attempted on the 21st of July, 1939 to obtain a favourable order from the learned District Judge under Section 5 of the Limitation Act for excusing a delay of 19 days in presenting their appeal. The learned District Judge refused to excuse that delay and dismissed the petition and as a natural consequence of that order the appeal was, rejected.

2. The argument put forward before me is that the application made by the appellants before the District Judge was really unnecessary, that there was no delay to be excused at all, and that when they first presented their appeal on the 7th of July it was in Pact presented in time.

3. The facts and dates are as follows: The decree of the first Court against which the appellants desired to appeal was passed. on the 2nd May, 1939. A few days later the Court rose for the summner vacation, and both it and the District Court re-assembled after the summer vacation on the 19th. June. The period of limitation for appeal is thirty days, and thirty days of course expired before the 19th of June, but under the provisions of Sec