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High Court dismissed a probate-related application as misplaced, time-barred, and omnibus, holding the cited provisions did not confer jurisdiction.
The application is incompetent as it seeks revision of an interlocutory order, which is barred by section 43(2) MCA and section 372(2) CPA. The prayers in the application are related and not opposed, so the omnibus objection fails. The proper order for an incompetent application is to strike it out, not dismiss it.
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The application for revision of Application No. 337 of 2021 is time barred under the Law of Limitation Act and must be dismissed. The combination of unrelated prayers for revision of two distinct applications renders the application omnibus and incompetent, requiring the prayer regarding Application No. 90 of 2024 to be struck out.
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The applicant, as the widow of the deceased, has locus standi to file the application. The objection regarding the application being omnibus is premature and should be determined after hearing the main application. Both preliminary objections lack merit.
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The prayers in the application are interrelated and not incompetent for being omnibus. The affidavit is defective only in part; paragraph 9 is struck out, but remaining paragraphs suffice. Applicants failed to establish a triable issue against the 2nd Respondent, failed to prove irreparable loss, and failed to show balance of convenience favored them. All three conditions for injunction were not met; application dismissed.
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The application is fatally defective for being omnibus, combining unrelated prayers governed by different laws, and for failure to serve the requisite statutory notice to the government; it is accordingly struck out.
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Applications for extension of time to file stay of execution are to be determined by Deputy Registrars, not Judges, as per the amended Labour Institutions Act and relevant Rules. The present application is incompetent for being filed before a Judge and for being omnibus, combining prayers from different provisions.
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The application is incompetent for containing diverse and contradicting prayers, rendering it omnibus; the remedy is to strike it out.
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The application is incompetent because it combines prayers governed by different legal regimes (Probate and Administration of Estates Act and Civil Procedure Code) that are not sufficiently interrelated; such omnibus applications are improper and must be struck out.
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The combination of prayers for extension of time and revision is permissible as they are sequential and not diametrically opposed; omission to cite enabling provision does not render the application incompetent.
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