| 35. Summary rejection.
 (1)  If the  memorandum of  appeal omits  to  state any  of  the particulars required under rule  31  or  is not  accompanied with  the certified  copy   of  the   order   supplied  to  the   dealer   or  a  duly authenticated copy  thereof, the  appeal may  be summarily rejected :
 
 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  appeal may  also  be  summarily  rejected on  grounds other  than  those   specified in  sub-rule  ( 1),  which the  appellate authority may  consider sufficient and  which shall  be  reduced to writing  by the  appellate authority :
 
 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  on which any  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  satisfies it that  the  notice under the  proviso to sub-rule (1) to  amend the  memorandum of appeal or  of a  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:
 
 Provided that, if an  order  on  the  application for setting aside  the order  of summary rejection is  not  made  within thirty  days  of the receipt of  the  application, it  shall  be  deemed that  the  appeal is restored to the  file of  the  appellate authority.
 
 
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