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

Civil

Summary

The High Court can issue a public notice requiring a specific judge or a category of judges to record evidence in English, following the prescribed method, but only in cases where an appeal is allowed. If a judge has a valid reason for not following this direction, they must write down that reason and have the evidence written down from their dictation in open court.

Official 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.