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Section 138: Power of High Court to require evidence to be recorded in English.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

[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.

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section138
Marginal notePower of High Court to require evidence to be recorded in English.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • other, Assam 1 of 1941. . For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2.
  • substituted, Act 4 of 1914. . Subs. by Act 4 of 1914, s. 2 and Schedule, Pt. I for "L.G.".

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