10. Summary rejection

10.Summary rejection

     (1) If the memorandum of appeal is incomplete in respect of any of the particulars specified in Form 11 or as required under rule (1) of rule 9 or is not accompanied with the order against which it is made or a duly authenticated copy thereof, the appeal may be summarily rejected by the appellate authority:

Provided that, no appeal shall be summarily rejected under this sub-rule unless the appellant is given a reasonable opportunity to amend the memorandum of appeal.

(2)      The appellate authority may also summarily reject an appeal on any of the grounds other than those specified in sub rule (1), which it considers sufficient and which shall be reduced to writing by it:

Provided that, before an order summarily rejecting an appeal under this sub-rule is passed, the appellant shall be given a reasonable opportunity of being heard.

(3)      If within thirty days from the date of receipt of an order by which an appeal is summarily rejected under sub-rule (1) or (2), the appellant makes an application to the appellate authority for setting aside the order of summary rejection and the appellate authority is satisfied that the notice under the proviso to sub-rule (1) to amend the memorandum of appeal, or of hearing under the proviso to sub-rule (2) was not duly served on him, or that he was prevented by sufficient cause from amending the memorandum of appeal or from appearing when the appeal was called on for hearing the said Authority shall make an order setting aside the summary rejection and restore the appeal to its file.