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…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…

…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…

…In the second, Rajnikant Joshi seeks to strike out the notice of appeal because a step has not been taken, namely, to lodge the record of appeal within time.…

…As a result, the application to strike out the appeal has been overreached. The applicant must pay the costs of both applications.…

…What she did for the reason she gave and with which we have some misgivings was to strike it out for being merely defective.…

…particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation, and the policy of the Courts, being to strike…

…this part of the case it is evident that the complainant’s failure to identify the appellant by name was omitted from consideration all together and was not weighted on the scales presumably because this omission did not strike…

…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…