012-NLR-NLR-V-70-R.-P.-CHALONONA-Appellant-and-T.-P.-WEERASINGHE-Respondent.pdf
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TAMBIAH, J.—Chalonona v. Weerasinghe
Present :Tambiah, J., and Alles, J.
R.P. CHALONONA, Appellant, and T. P. WEERASINGHE,
Respondent
S.C. 156 j1966—D. G. Anuradhapura, 648jT
Appeal—Time limit for presenting petition of appeal—-Sunday not a dies non—•Holidays Act, No. 17 of 11)65, s. 2 (a)—Civil Procedure Code, s.754 (2)—Supreme Court Appeals (Special Provisions) Act, No. 4 of 1060.
According to section 2 (a) of tho Holidays Act, No. 17 of 1965 Sunday is nomore a dies non. Sundays, therefore, cannot be excluded now when countingthe number of days within which a petition of appeal should be presented interms of section 754 (2) of the Civil Procedure Code.
Relief granted under Supreme Court Appeals (Special Provisions) Act, No. 4of 1960 applies only to appeals filed within the prescribed time.
^.PPEAL from a judgment of tlie District Court, Anuradhapura.
Frederick W. Obeyesekere, with E. St. N. W. Tillekeratne, for 1strespondent- appellant.
C. R. Gunaratne, for plaintiff-respondent.
September 8, 1967. Tambiah, J.—
In this case judgment was delivered on 21st January, 1966, and thePetition of Appeal was filed on 10th February, 1966. Counsel for theplaintiff-respondent takes up the preliminary objection that the appealis out of time. Even applying the riding stated in Boyagoda v. Mendis1}this appeal should have been filed on 9th February, 1966.
Mr. Obeyesekere for the appellant, however, submitted that in view ofSection 754 (2), Sundays also should not be counted. But in view of theHobdays Act No. 17 of 1965, which came into operation on 1st January,1965, Sunday is no more a dies non, vide section 2 (a) of the Holidays Act,No. 17 of 1965. Therefore the Petition of Appeal has been filed out oftime.
The Supreme Court Appeals (Special Provisions) Act, No. 4 of 1960cannot help the appellant in this case. Relief granted under that Actonly applies to appeals filed within the prescribed time. For thesereasons the appeal is rejected with costs.
Alles, J.—I agree.
i {1029) 30 N. L. B. 321.
Appeal rejected.