1. ' This appeal is directed against order dated 31-3-1980 of the District Judge, Muzaffarabad by which the appeal of the appellant was held time-barred as according to him it could not be filed within the time prescribed for appeal against the judgment and decree of the Court of first instance.
2. ' The appellant applied for copies of the judgment and decree of the Court of Sub-Judge on 29-3- 1978 and the same were delivered to him on 12-4-1978 as is evident from the date given below the signature of the copying officer vide the certified copies of the judgment and decree of the Court of the Sub-Judge attached with the memorandum of the appeal in the lower appellate Court.
3. ' The original suit was decided by the Sub-Judge on 29-3-1978 and the applications for obtaining copies of the judgment and decree of that Court were also made on 29-3-1978. On 12-5-1978 the appellate Court was closed on account of Friday being a public holiday.
4. Under section 12 of the Limitation Act the lower appellate Court was not able to make a correct computation of period of limitation. _In computing the period of limitation prescribed for an appeal, the following period shall be excluded : (1)The day on which the judgment was pronounced.
5. (2)The time requisite for obtaining a copy of the decree.
(3) The time requisite for obtaining a copy of the judgment and lastly on 12-5-1978 when the appeal was to be preferred before the lower Appellate Court, it was a holiday and so under section 4 of the Limitation Act, the last day for presentation of the appeal would be 13-5-1978 when the same was filed before the lower Appellate Court by the appellant.
6. ' In view of the above periods and times, if computation of period of limitation is made, the appeal presented before the lower Appellate Court on 13-5-1978 would fall within the period of limitation.
7. Therefore, this appeal is accepted and the impugned order of the lower Appellate Court is set aside and the appeal filed in the lower appellate Court is remanded to it for its hearing and disposal on merits according to law. The parties are directed to appear before the lower appellate Court on 19- 8-1980.