JUDGMENT : Mohapatra, J. - This Second Appeal has been filed against the order of dated 16th March 1960 of Sri L.B.N.S. Deo, Subordinate Judge of Dhenkanal, wherein he has rejected the appeal (Title Appeal No. 5 of 1960) on the ground of limitation. 2. The judgment of the trial Court was signed on the 19th December 1959; but nevertheless the decree was signed by the judge only on 5th January 1960. The Title Appeal was filed on 15th February, 1960. The application for copy of both judgment and decree was filed on 7th January, 1960. The office notification requiring the party to pay folios was 21st January 1960. Folios were supplied on 22nd January 1060. There was an additional demand for folios on 27th January which was complied with on the same day and, the copies were ready for delivery on the 30th January, 1960. Indeed, the date of the decree is the date of the Judgment; but nevertheless on the aforesaid dates it is clear that the party applying for copy is entitled to the exclusion of the period of 24 days from the completion of 30 days from the signing of the decree that is, 5-1-1960, the time requisite for taking copy under the provisions of Section 12 of the Limitation Act. The position is manifest and it is beyond all possible doubt that the appeal was clearly within time. It is regrettable that the learned Subordinate Judge committed an error in such an elementary matter which comes up before the appellate courts every day. In my view, therefore, the order dated 16th March 1960 must be set aside and is hereby set aside. 3. In conclusion, the appeal is allowed and there will be no order as to costs of this court. The case is remanded to the lower appellate court to proceed with the title appeal No. 5 of 1960 from the stage where it was rejected. Final Result : Allowed