Section 138 of The Code of Civil Procedure, 1908
Power of High Court to require evidence to be recorded in English.
1[138. Power of High Court to require evidence to be recorded in English.-- (1) The 2[High Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed.
- (2)Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court.
Summary
- The High Court can tell specific judges to record evidence in English.
- This power is used via a notice in the Official Gazette.
- It applies to cases where an appeal is allowed.
- If a judge has a good reason why they cannot write in English, they must record that reason.
- In such cases, the judge must dictate the evidence in open court to be written down.
Practical examples
FAQ
1. Can a High Court force a judge to use English under Section 138 of The Code of Civil Procedure, 1908?
Yes, under Section 138 of the Act, the High Court can direct specific judges to take down evidence in the English language.
2. Does Section 138 of the Civil Procedure Code apply to all cases?
No, Section 138 of the Code specifies that it applies to cases in which an appeal is allowed.
3. What must a judge do if they cannot comply with an English-recording order under Section 138 of the 1908 Code?
Under Section 138 of the Act, the judge must record the reason for not complying and have the evidence taken down from their dictation in open court.
4. How is an order under Section 138 of the Code of Civil Procedure, 1908, made public?
Section 138 of the Code states that the High Court gives this direction by notification in the Official Gazette.
Test yourself
1.Under Section 138 of The Code of Civil Procedure, 1908, which authority has the power to require evidence to be recorded in English?
2.To which types of cases does Section 138 of The Code of Civil Procedure, 1908, apply?
3.If a judge cannot record in English, what is the first step they must take under Section 138 of The Code of Civil Procedure, 1908?
4.How does evidence get recorded if the judge is prevented from doing it personally under Section 138 of The Code of Civil Procedure, 1908?