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IDA, 1869
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IDAChapter XIISection 45
Section45

Code of Civil Procedure to apply

AI Assist

Summary

Proceedings between the parties under this Act are governed by the rules and procedure of the Code of Civil Procedure, unless the Act itself provides a different rule. That means courts will normally follow civil procedure on pleadings, service, trials, evidence and appeals in matters under this Act. Any specific provision in this Act overrides the Code where they conflict.

Example

Priya files a divorce petition against Arjun. The court will follow the Code of Civil Procedure for service, pleadings and trial procedures unless the Indian Divorce Act gives a different procedure for any step.

Bare Act

Enacted text

Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the Code of Civil Procedure1*.

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XII

Chapter XII

Procedure

In this chapter

  • 45Code of Civil Procedure to apply
  • 46Forms of Petitions and statements
  • 47Petition to state absence of collusion
  • 48Suits on behalf of lunatics
  • 49Suits by minors
  • 50Service of Petition
  • 51Mode of taking evidence
  • 52Competence of husband and wife to give evidence as to cruelly or desertion
  • 53Power to close doors
  • 54Power to adjourn
  • 55Enforcement of, and appeal from, orders and decrees
  • 56Appeal to the Supreme Court
Previous · Section 44Power to make such orders after decree or confirmationNext · Section 46Forms of Petitions and statements