M VISHWESHWARA SHASTRY Vs. M GOPALAKRISHNA BHAT

JUDGEMENT

(1.) Appellant calls in question legality of the order passed by a learned Single Judge of the Karnataka High Court, dismissing the application filed by the appellant for extension of time to comply with the earlier order dated 25.6.1999.

(2.) A brief reference to the factual aspects would suffice :

(3.) Appellant filed Misc. First appeal under Order XLIII Rule 1(r ) of the Code of Civil Procedure, 1908 (in short the Code) against order dated 30.5.1997 passed by the learned Civil Judge Puttur (D.K.) dismissing petition filed under Order IX, Rule13 read with Order XVII, Rule 2 of the Code for restoration of the suit which had been decreed ex-parte. Appellant was defendant No. 5 in the suit.