1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.10599 OF 2009 Dadaram Martand Wagh & Ors. ...Petitioners vs. Rangubai Laxman Wagh & ors. ...Respondents Mr.Rahul Kadam for the petitioners CORAM :A.S.OKA,J. DATE : JANUARY 4, 2010 P.C. 1 Heard the learned counsel for the petitioners. The petitioners are the plaintiffs. An application was made by the petitioners praying for re-issuing the suit summons to defendants no.8, 21, 24 and 25. The said application has been rejected by the impugned order dated 10th November 2009. The application has been rejected on the ground that adequate number of copies of the plaint were not supplied by the Advocate for the petitioners. 2 The learned counsel for the petitioners states that in fact adequate number of copies of the plaint were supplied and when the summons was issued earlier, no such objection was raised. The trial court has taken a hyper- technical view of the matter. Considering the fact the issue involved is only as regards re-issue of the suit summons to the unserved defendants, it is not necessary 2 to issue notice of this petition to the concerned defendants. The petitioners deserve to be given an opportunity to serve the witness summons. 3 Hence, I pass the following order : i) Impugned order is quashed and set aside. ii) The trial court will issue a fresh suit summons to the concerned defendants as prayed for in the application at Exh.33 dated 10th November 2009 provided the petitioners file adequate number of copies of plaint within a period of two weeks from the date on which an authenticated copy of this order is produced before the trial court. iii)If the adequate number of copies of the plaint are not supplied within the stipulated period, the impugned order will stand iv)Writ Petition is disposed of in above terms. JUDGE