Present: Fisher C. j., Garvin, Lyall Grant, Drieberg, and Akbar JJ.

BOYAGODA v. MENDIS et al.

182-D.C.Colombo, 19,574.

    Appeal-Time, limit-Period of ten day Exclusion of the last day- Civil Procedure Code, 8. 754.

Where a judgment sought to be appealed from was delivered on August 2, and a petition of appeal was presented on August 16, there being an intervention of two Sundays and a public holiday,-

Held, that the petition of appeal had been filed within the period of time prescribed by section 754 of the Civil Procedure Code.

Where an enactment concerning procedure has received a certain interpretation, which has been recognized by the Courts for a long period of years, the practice based upon such interpretation should be followed.

CASE referred under section 54A of the Courts Ordinance for decision by a Bench of Five Judges.

The question involved was whether a petition of appeal had been filed within the period of time prescribed by section 754 of the Civil Procedure Code. The section runs as follows:-

The petition of appeal shall be presented to the Court of first instance for this purpose by the. party appellant or