MADHAVAN Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Is the dismissal of an application under Order 9 Rule 9 C.P.C. by the Forest Tribunal appealable under Section 8A of the Kerala Private Forests (Vesting and Assignment) Act . This is the short question of law raised in this appeal.

(2.) This appeal arises from the impugned order under which an application for restoration of an original application was dismissed by the Forest Tribunal, Kozhikode.

(3.) This proceedings has had a very chequered career so far. O.A. No. 40/99 was filed by the appellant herein before the Forest Tribunal. That O.A. was initially dismissed. The appellant came to this Court with an appeal and by judgment dated 10.6.2008, the matter was remanded to the Forest Tribunal with directions for fresh disposal. Subsequently, on 17.10.08, the appeal was dismissed for default. It was restored later subject to appropriate conditions regarding payment of cost.