Uday Shankar Triyar v. Ram Kalewar Prasad Singh & Anr. (2006) 1 SCC 75 (para 15)

Code of Civil procedure Code, 1908 .
S.151: : Appeal- Procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice. [ Rule 4 (2) , Order 3 ]

Any defect or omission in signing the memorandum of appeal is a defect being one relatable to procedure which can be subsequently be corrected. It is the duty of the office to point out the defect or mistake to the appellant and give an opportunity to the appellant to rectify the same.

Procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice.