https://www.taxtmi.com/caselaws?id=462638 A pending application seeking permission to file a single appeal against a common judgment and two decrees had to be decided before the appeal was rejected on maintainability. The court held that a first appeal is a continuation of the original proceedings, and a technical defect in the form of appeal should not defeat the substantive right of appeal without giving an opportunity to cure it by filing separate appeals if necessary. Dismissing the admitted appeal on a preliminary objection, while leaving the permission application undecided, was therefore unsustainable. The matter was remitted for decision of the pending application before the maintainability objection could be considered. en-us Tue, 05 Jul 2022 00:00:00 +0530 Thu, 11 Sep 2025 16:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462638 A pending application seeking permission to file a single appeal against a common judgment and two decrees had to be decided before the appeal was rejected on maintainability. The court held that a first appeal is a continuation of the original proceedings, and a technical defect in the form of appeal should not defeat the substantive right of appeal without giving an opportunity to cure it by filing separate appeals if necessary. Dismissing the admitted appeal on a preliminary objection, while leaving the permission application undecided, was therefore unsustainable. The matter was remitted for decision of the pending application before the maintainability objection could be considered. Case-Laws Indian Laws Tue, 05 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462638