1. The principal question which arises in this petition and for the decision of which this bench has been constituted, is whether an application under Act 1 of 1964 for the determination of fair rent, which was dismissed by the Land Tribunal for default of prosecution, can be restored by it. Three learned judges of the Court have taken the view, that the Land Tribunal has no power analogous to the power of the civil court under O.9, CPC. Vaidialingam, J. in O. P. 2245 of 1962 and Mathew, J. in Ammad Haji v. Kelu 1966 KLT. 819 held that the Land Tribunal has no jurisdiction to set aside an ex parte order and Gopalan

Nambiyar, J. held in Annamma Chacko v. Mathew 1967 KLT. 95 that the Land Tribunal has no jurisdiction to restore an application dismissed for default.

2. S.101 of Act 1 of 1964 enacts:

"The Land Board and the Land Tribunal constituted under this Act shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on a