SUPREME COURTDHEERARATNE, J.
GUNASEKERA, J. ANDWEERASEKERA. J.
SC APPEAL 81/98SC SPL. LA NO. 103/98CA NO. 214/86 (F)
DC KALUTARA NO. 4314/P08™ SEPTEMBER. 1998
Civil Procedure Code ■ Notice of appeal – Computation of time – Section754(4) of the Code.
Section 754(4) of the Civil Procedure Code provides that the notice ofappeal shall be presented to the court of first instance within a period offourteen days from the date when the decree or order appealed againstwas pronounced, exclusive of the day of that date itself and of the daywhen the petition is presented and of Sundays and Public Holidays.
The judgment was pronounced by the District Court on 7th May 1986. The1 1*. 18* and 25* were Sundays: the 22nd, 23rd and 24* were PublicHolidays. The notice was filed on 28* Wednesday (the 15* day from thedate of the judgment) which day too has to be excluded in computing the14 days under the CPC.
The notice of appeal was filed within the stipulated 14 days.
APPEAL from the judgment of the Court of Appeal.
N. R. M. Daluwatta. P. C. with M. Maharoof for the appellant.
Mohan Peiris for the respondents.
Contra Sri Lanka State Trading (Consolidated Export) Corporation o.Dharmadasa (1987) 2 Sri. L. R. 235.
Cur. adv. uult.
Sri Lanka Law Reports
1200013 Sri L.R.
September 08, 1998.
This is an application for special leave to appeal from thejudgment of the Court of Appeal dated 5.5.98 rejecting thenotice of appeal filed in the original court as having being filedout of time. We grant special leave and proceed to hear theAppeal today itself.
In terms of subsection 754(4) of the Civil Procedure Code,the notice of appeal shall be presented to the court of the firstinstance within a period of 14 days from the date when theorder appealed from was pronounced, exclusive of that dayitself and of the day when the petition is presented, and ofSundays and Public Holidays.
In this case the judgment was pronounced by the DistrictCourt on 7th May 1986. The 11th, 18"’ and 25th were Sundays,the 22nd, 23rd and 24"' were Public Holidays according to theofficial calendar of 1986. The notice of appeal was filed on28th which day too has to be excluded from the computation of14 days in terms of the CPC. Therefore the notice of appealwas in fact filed within the stipulated 14 days.
For the above reasons, we allow the appeal, set aside thejudgment of the Court of Appeal, and send this case back tothe Court of Appeal to be heard on the merits. Parties will beartheir own costs of this appeal.
We direct the Registrar of this Court to send the record ofthis case to the Court of Appeal as expeditiously as possible.
GUNASEKERA, J. – I agree.
WEERASEKERA, J. – I agree
CHARLET NONA v. BABUN SINGHO