NALLAN v. OSSEN.

D. C., Colombo, 10, 074.

Tims, calculation of-Summary procedure under chapter LIII. of the Civil Procedure Code-Sundays and public holidays.

In the calculation of the time within, which a defendant is to obtain leave to appear and defend on a summons under chapter LIII. of the Civil Procedure Code, Sundays and public holidays are to be included; but when the last day of the period allowed falls on a Sunday or public holiday, the defendant may move on the next Court day.

THE facts of the case appear in the judgments.

Dornhorst and Pereira, for appellant. Sampayo, for respondent.

5th August, 1897. Withers, J.-

This appeal concerns an important point of practice. A liquid claim was presented to the Court under chapter LIII. of the Code, and summons went out in conformity with the claim. The material part of the summons runs thus: -" You are hereby " summoned to obtain leave from the Court within seven days " from the service here of, inclusive of the day of such service, to " appear and defend the action, and within such time to cause " an appearance to be entered for you, in default whereof the " plaintiff will be entitle