Section 137 of The Code of Civil Procedure, 1908
Language of subordinate Courts.
- (1)The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs.
- (2)The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written.
- (3)Where this Court requires or allows anything other that the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation. STATE AMENDMENT Rajasthan Amendment of section 137, Central Act V of 1908.-In section 137 of the Code of Civil Procedure, 1908 (Central Act V of 1908), in its application to the State of Rajasthan, for sub-section (3), the following sub-section shall be substituted, namely:-
- (3)Wherever this Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the interna-tional form of Indian numerals : Provided that the court may in its discretion accept such writing in English on the undertaking of the party filing such writing, to file a Hindi translation of the same, within such time as may be granted by the court and the opposite party shall have a right to have a copy of such writing in Hindi. ]Vide Rajasthan Act 7 of 1983, s. 2]
Summary
- Courts that are lower than a High Court will continue using the language they were using when this Code started.
- The State Government has the power to change or officially declare what language a court must use.
- The State Government also decides what writing script or characters should be used for court applications.
- If the law allows or requires something to be written, it can be done in English.
- If a party or their lawyer doesn't understand English, the court must provide a translation at their request.
- The court decides who pays for these translations.
Practical examples
FAQ
1. Who decides the official language of lower courts under Section 137 of The Code of Civil Procedure, 1908?
Under Section 137 of the Act, the State Government directs and declares what the language of the court shall be.
2. Can English be used in lower courts according to Section 137 of the Civil Procedure Code?
Yes, Section 137 of the Code allows things (other than recording evidence) to be done in writing in English.
3. What if a party doesn't know English under Section 137 of the 1908 Code?
Section 137 of the Act states that a translation into the court's language must be supplied to them upon request.
4. Does Section 137 of the Code of Civil Procedure, 1908, cover the recording of evidence?
Section 137 of the Code specifically excludes the "recording of evidence" from its general rule about using English.
Test yourself
1.Under Section 137 of The Code of Civil Procedure, 1908, who declares the language of a subordinate court?
2.According to Section 137 of The Code of Civil Procedure, 1908, in what language can written court matters (other than evidence) be submitted?
3.If a party is unacquainted with English, what can they request under Section 137 of The Code of Civil Procedure, 1908?
4.Who is responsible for the costs of translation under Section 137 of The Code of Civil Procedure, 1908?