Kernrechtsfrage
Whether the appellate submissions had to be treated as not filed under Art. 132(1) CPC due to uncorrected defects.
Extrahierter Entscheid
Yes. The fax submissions were deemed not to have been made; since no appeal existed, there was nothing to decide by a non-entry order and the proceedings had to be struck off.
Extrahierte Begründung
If a filing is defective and the defects are not cured, it is treated as nonexistent. In the absence of a valid appeal, the court does not issue a non-entry decision but simply strikes the case from the docket.