AIR 1967 ORISSA 19 ::31 CutLT 294 ::ILR (1964) Cut 958

Orissa High Court

Hon'ble Judge(s): G. K. Misra , J

(A) Hindu Marriage Act (25 of 1955) , S.21, S.24— Proceeding u/S.24 - Application to serve interrogatories - O.11 Civil P.C. is applicable to such proceeding by virtue of S.21 of the Act - S.141 Civil P.C. is no bar to apply procedure of Civil P.C. in such proceedings. Civil P.C. (5 of 1908) , O.11, S.141— Section 21 of the Act provides that all proceedings under the Act shall be regulated as far as may be by the Code of Civil Procedure, subject of course to the other provisions contained in the Act or the Rules framed by the High Court. The application under Section 24 for grant of interim maintenance and proceeding expenses starts a proceeding under the Act as various ingredients are to be established by evidence as is done in regular suit and there is no provision either in the Act or in the Rule that Order 11 Civil P. C. shall have no application to a proceeding under S. 24 of the Act. Hence Order 11, C. P. C. has full application to the proceeding under S. 24 of the Act.(Para 4) Even assuming that Section 141, C. P. C. has also to be taken into consideration, it must be read subject to the special procedure prescribed under Section 21 of the Act. The maxim generalia specialibus non derogant (general provisions will not abrogate special provisions) or generalibus specialia derogant (special things derogate fr....