- (1.)WHEN this appeal is called, ld. counsel appearing on behalf of the appellant submits that the first appellate authority has rejected the appeal as not maintainable only for the reason that the said appeal was not signed by the appellant. It is his submission this is a rectifiable error, otherwise the appeal was in time.
(2.)ON perusal of the records and after hearing both sides, I find that the contention of the ld. counsel is correct. Though the appellant should have been careful in filing the appeal properly, un -signing of the appeal is a rectifiable error which could have been rectified by issuing a defect notice by the first appellate authority. Suffice it to say that the appellant should not be deprived of his right to make appeal before the higher authorities, in my view, the impugned order rejecting the appeal only on the ground of un -signing of the appeal, which is a rectifiable error, needs to be set aside with direction that the first appellate authority, will restore the appeal to its original number after directing the appellant to rectify the error and on such rectification of the error, the first appellate authority will take up the appeal for disposal after following the principles of natural justice.
(3.)THE appeal is disposed of as indicated hereinabove.