IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 46 OF 2008 SHRI. HERIBERTO FRANCISCO MARIA D'CUNHA ALIAS HERIBERTO D'CUNHA (DECEASED) THROUGH LR'S ... Petitioner Versus SHRI. VICTOR LUIS MONTEIRO AND 14 ORS., ... Respondents Mr. F. M. Reis, Advocate for the Petitioners. Mrs. A. Agni, Advocate for Respondent No.1. Ms. M. D'Silva, Advocate for Respondent No.2. Ms. A. Razaq, Advocate for Respondent No.3. Coram:- N. A. BRITTO, J. Date:- 1st February, 2008 ORAL ORDER: Heard learned Counsel on behalf of the parties. 2. By the impugned order dated 17/01/2008, the learned trial Court has refused leave to the plaintiffs to strike out the names of some of the defendants, particularly, defendants nos. 9 to 15, who were sought to be impleaded by the plaintiffs and to recall the order issuing notices on the application dated 24/09/2005. In fact, none of the defendants including defendant no.1 had objected to the request of the plaintiffs. It was for the plaintiffs, being dominus litus to see which of the parties he was interested in proceeding against and since the plaintiffs did not wish to implead the said defendants or the persons to whom notices were issued, the learned trial Court ought to have granted the request of the plaintiffs. Striking the name of an unnecessary party whose presence is not necessary can be done at any stage of the suit. 3. Consequently, the names of defendants nos. 9 to 15 shall stand deleted. The orders issuing summons to the proposed defendants in defendant no.1's application dated 24/09/2005, read with application dated 7/04/2007, read with application dated 21/04/2007, shall stand quashed. The said applications shall stand dismissed. 4. Petition allowed on above terms, with no order as to costs. N. A. BRITTO, J. NH