Law Maker

PART XI MISCELLANEOUS

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

The Code of Civil Procedure, 1908

1[(1) The2[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.

Footnotes in the official text

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

Practise questions on Civil Procedure Code