Unsigned appeal defect is curable; rejection solely for want of signature was set aside and appeal restored.

An unsigned appeal was treated as a curable procedural irregularity, not a ground to reject the appeal as non-maintainable. The first appellate authority was required to issue a defect notice and give the appellant an opportunity to correct the omission before depriving it of the right of appeal. An order rejecting the appeal solely for want of signature was therefore unsustainable. The appeal rejection was set aside and the matter restored for rectification of the defect and disposal in accordance with natural justice.

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Issues: Whether an appeal could be rejected as not maintainable solely because it was not signed by the appellant, and whether such defect was a rectifiable error requiring restoration of the appeal.

Analysis: The defect of an unsigned appeal was treated as a curable procedural irregularity. The first appellate authority ought to have issued a defect notice and afforded an opportunity to rectify the error rather than depriving the appellant of the right of appeal. The impugned order rejecting the appeal only on that ground was found unsustainable.

Conclusion: The rejection of the appeal was set aside and the matter was directed to be restored to its original number for rectification of the defect and disposal in accordance with natural justice.

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