CPC 138 — Power of High Court to require evidence to be recorded in English

Code of Civil Procedure, 1908

Statutory text

[138.  Power  of  High  Court  to  require  evidence  to  be recorded  in  English.—(1)  The

[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.

2. Subs., ibid., for “Bombay or Rangoon”.
3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2.

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