Short Note : 1. The application for copy of the order of the trial Court was made on 14th April 1969 by the plaintiff. The plaintiff appeared on the date given by the copying section on 11 occasions, but the copy was not ready. The next date given to the plaintiff was 21st August 1969. On that date, the plaintiff did not appear. The application was received from the record-room on 16th October 1969 and the copy was ready on 24th October 1969. The plaintiff appeared on 3rd November 1969 and collected the copy. The appeal was filed on 24th November 1969. The appeal was barred by four days according to the view of the Additional District Judge. 2. This Court is of opinion that it cannot be said that there was any default on the part of the applicant when he failed to appear on 21st August 1969. Before that, the applicant had already appeared on 11 occasions and the copying section was unable to do anything as the application had not been received from the record-room. The application was actually received from the record-room on 16th October 1969 and intimation should have been given to the applicant thereafter of a date for collecting the copy. As no intimation was given to the applicant, the whole of the period till the date of delivery of the copy should be excluded as time requisite for obtaining the copy. Excluding the whole of this period, the appeal filed by the applicant was within limitation. Dalchand vs. India Pictures, Indore, 1967 JLJ 729 , relied on. Revision allowed.