Technical defects in appeal papers should not defeat merits-based hearing; rejection order quashed and appeal remitted for fresh decision.

An appellate order rejecting a first appeal for want of a certified copy of the original order was quashed because the defect was technical and should not defeat adjudication on merits. The writ court held that the appellant was entitled to have the dispute considered in accordance with law, with an opportunity of hearing. The appellate authority was directed to entertain the first appeal, decide it afresh on merits, and pass a reasoned order within the stipulated time.

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Issues: Whether the appellate order rejecting the first appeal for want of annexure of the certified copy of the original order was liable to be quashed and the appeal directed to be heard on merits.

Analysis: The appellate authority had rejected the first appeal on a technical ground, namely non-filing of the certified copy of the order passed under Section 74. The writ court found that such a technical defect ought not to defeat adjudication of the appeal on merits, particularly where the appellant sought consideration of the dispute in accordance with law. The court therefore directed that the first appeal be entertained, heard after affording opportunity of hearing, and decided by a reasoned order within the stipulated time.

Conclusion: The rejection order was quashed and the appellate authority was directed to decide the first appeal afresh on merits after hearing the petitioner.

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