21. Application of Act 5 of 1908.-
Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (5 of 1908).
Comments
Decree under Hindu Marriage Act and decree under Code of Civil Procedure are not same
Decree under the Hindu Marriage Act and decree under Code of Civil Procedure are not of the same nature and character. A decree passed under section 10 of the Hindu Marriage Act may be rescinded by the Trial Court itself “on the application by the petition of either party on being satisfied of the truth of the statement made in petition if it consider just and reasonable to do so”. But decree passed under Code of Civil Procedure can in no circumstances be rescinded, altered, cancelled, or modified by the Trial Court; such decree may be rescinded or changed only by the Higher Court; Baby Deb v. Ajit Deb , AIR 2008 Gau 49.
