: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.718 OF 2007 IN SUIT NO.1409 OF 1976 Rajkumari R. Goenka & Ors. ....Plaintiffs V/s. Nirmalkumar P. Rungta Trust & Ors. ....Defendants Mr.P.N. Modi with Mr.T.R.Shah for the Plaintiffs. Mr.V.B. Naik with Mr.J.S. Chandnani for Defendant Nos.1-A and 1-B. CORAM : S.J. VAZIFDAR, J. DATED : 27TH MARCH, 2008. P.C. : 1. The Defendants have taken out this Chamber Summons for setting aside an order dated 11.10.2006 passed by the Additional Prothonotary And Senior Master in the above suit. By the said order, the widow and two sons of the original Plaintiff have been brought on record as the heirs of the original Plaintiff who expired on 15.8.2006. 2. It was contended that the Prothonotary And Senior Master does not have power to pass such an : 2 : order. This was on the basis that these are contentious matters. I do not agree. Under Rule 121 of the High Court Original Side Rules, the Prothonotary and Senior Master has power to bring the heirs on record. If the parties are aggrieved by the orders of the Prothonotary and Senior Master, they are at liberty to challenge the same. I would treat this application as such a Chamber Summons. 3. There is no doubt that the widow and two sons are the heirs of the original Plaintiff. Various contentions were however taken which pertain solely to the merits of the suit. For instance, it was contended that the original Plaintiff himself had no cause of action and that the property which is sought to be administered has already been administered. These contentions and such other contentions are always open to be taken by the Defendants in the suit. 4. In an application for being brought on record, I am not concerned with the merits of the rival contentions which are kept expressly open. 5. In the circumstances, the Chamber Summons is dismissed.