APPELLATE PRACTICE — Notice of Appeal — Striking Out vs Dismissal — Order after Finding of Incompetence

The principle distinguishes between striking out and dismissal of proceedings. Striking out is the appropriate order where the court lacks jurisdiction or where the proceedings are incompetent due to a procedural defect. Dismissal, on the other hand, is appropriate where the court has jurisdiction but the case fails on the merits. The distinction is significant because a struck-out matter is not a final determination on the merits and may be re-filed if the defect is cured, whereas a dismissal operates as a final adjudication barring re-litigation. The court must be careful to make the correct order based on the nature of the defect. The principle ensures that parties are not unduly prejudiced by jurisdictional or procedural errors that could be remedied. It promotes access to justice while maintaining procedural integrity.