pvr 1 A29-11 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.29 OF 2011 IN NOTICE OF MOTION NO.376 OF 2010 IN SUIT NO.3280 OF 2004 1.Mr.Constance Rodrigues & Anr. ...Appellants vs. 1.Mrs.Neelum Guha & Anr. ...Respondents --- Mr.A.J.Almeida, for Appellants. Mr.B.G.Saraf, for Respondent no.2. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 13th June,2011 P.C.: 1. Admit. 2. Heard finally by consent of parties. 3. The appellants challenge the order of the learned Single Judge dismissing the notice of motion taken out for restoration of the suit. pvr 2 A29-11 The suit was dismissed by the Prothonotary & Sr.Master of this Court for non payment of the process for effecting service on the defendants. We have perused the record. It appears that a notice of motion was taken out in the suit and in that notice of motion both the defendants were represented by lawyer. Therefore, really speaking it was not necessary to serve the defendants again. In this view of the matter, therefore, in our opinion, the learned Single Judge should have restored the suit. In our opinion, therefore, the order impugned is set aside. Notice of motion no. 376 of 2010 is granted in terms of prayer clause (a) to (c). Appeal is disposed of. (D.K.DESHMUKH,J.) (R.G.KETKAR,J.)