ARMIN R. PANTHAKY Vs. ROHINTON PANTHAKY

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This reference arises in Appeal No. 311 of 2014, challenging the order dtd. 3/4/2014 made by the learned Parsi Chief Metropolitan Court, Mumbai (Hon'ble Justice G S Patel) in Parsi Suit No. 20 of 2013. By the order dtd. 3/4/2014, Patel J has held that under the Parsi Marriage and Divorce Act, 1936 ("PMDA"), there is nothing which denudes the Court from exercising its discretion to direct or allow the recording of evidence before a Court Commissioner in terms of Order XVIII Rule 4 of Civil Procedure Code, 1908 ("CPC").

(3.) By order dtd. 31/7/2014 in Appeal No. 311 of 2014 against Patel J's order, the Division Bench comprising Mohit S Shah, C J and M S Sonak J, made the following order of reference: