O. H. MOOTHAM, CJ.

( 1 ) THIS is an application under Section 5 of the Indian Limitation Act. The applicant, who is a pleader, desires to appeal to this Court from a judgment and decree passed by Mr. Justice Oak dated the 28th April, 1958. The period of limitation for the filing of the appeal was 60 days, and that period expired on the 27th June, 1958. The Court however was then closed for the vacation, and under Section 4 of the Limitation Act the memorandum of appeal could have been presented on the day on which the Court reopened which was the 12th July. The applicant applied for a copy of the decree against which he desired to appeal on the 30th june and for a copy of the judgment on the 4th July, that is to say after the expiry of the period of 60 days but before the end of the vacation. The copy of the judgment was ready on the 4th august, that of the decree on the 21st August. The memorandum of appeal was presented on the 11th September.

( 2 ) PRIMA facie, the memorandum of appeal was presented 76 days after the expiry of the period of limitation. It is however contended on behalf of the applicant that in computing the period of limitation he is entitled to exclude the time

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