The Prothonotary has the power to set aside his own order and admit the document or restore the proceeding, subject to the rules of the Bombay High Court (Original Side) Rules, 1980.

S.C. Gupte, J.

The question raised in this reference is : Whether the Prothonotary & Senior Master has power to set aside an order of dismissal passed by him under Rule 986 of the Bombay High Court (Original Side) Rules, 1980 ?

2. Writ Petition (L) Nos.3016 of 2014 and 672 of 2014 were dismissed by the Prothonotary & Senior Master of this Court under Rule 986 of the Bombay High Court (Original Side) Rules, 1980 for non-removal of office objections. On oral requests, the Prothonotary set aside the orders of dismissal and restored the petitions to the file. When the petitions came up before the Court, a Division Bench (V.M. Kanade & Dr. Shalini Phansalkar-Joshi, JJ.) was of the view that there is a conflict between two Division Bench decisions of this Court on the question as to whether the Prothonotary & Senior Master has the power to restore a suit or a writ petition dismissed by him under Rule 986. The learned Judges, in the premises, directed the petitions to be placed before the Hon'ble the Chief Justice with a request to refer this issue to a larger Bench under Rule 28. Upon that request being granted, this reference has been placed before us.

3. Since the matter generally concerns the Bar, we caused a notice to be given to the associations of both sides, namely, Bombay Bar Association and the Advocates Association of Western India. We have heard Counsel appearing for parties in the petitions before us as well as Counsel for both associations. Learned Counsel appearing for the petitioners as well as for both associations submitted that the Prothonotary has the requisite power, whilst Mr. Ankhad for the Respondents submitted that there is no such This Order is modified/corrected by Speaking to Minutes Order dated 06-10-2016 power in the Prothonotary and the matter must be brought before the Chamber Judge for recall or setting aside of a dismissal order.

4. First of all, we may note the historical perspective in which, and the provisions of law under which, the Prothonotary & Senior Master has been appointed an officer of this Court and powers have been conferred on him so as to assist the Court in administration of justice. This High Court was constituted by the Letters Patent issued on 28 December 1865. The appointment of its officers was governed by Clause 8 of the Letters Patent, under which the Chief Justice of the Court was authorised and empowered to appoint, from time to time and as occasion may require, so many and such clerks and other ministerial officers as shall be found necessary "for the administration of justice, and the due execution of all the powers and authorities granted and committed.... by....Letters Patent." The appointment of the Prothonotary has been under this power. Let us now consider the requirements of this Court for administration of justice. The High Court has both ordinary original civil jurisdiction and extraordinary original civil jurisdiction, respectively under Clauses 12 and 13 of the Letters Patent, to receive, try and determine original suits of every description. The condition for such jurisdiction under Clause 12 is that in the case of suits for land or immovable property, such land or property shall be situated or in all other cases, the cause of action, either wholly, or in case the leave of the Court is obtained, in part, shall have arisen or the defendant shall be dwelling or carrying on business, within the local limits of its ordinary original jurisdiction. Under Clause 13, the Court has the power to remove, and to try and determine, any suit within the jurisdiction of any Court, which is subject to its superintendence. Besides, this Court has jurisdiction, This Order is modified/corrected by Speaking to Minutes Order dated 06-10-2016 under Articles 226 and 227 of the Constitution of India, for issuance of writs, orders and directions. The suits referred to above as well as petitions for writs, orders or directions where the cause of action arises within the local limits