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.