Section 138 of the Code of Civil Procedure, 1908
Power of High Court to require evidence to be recorded in English. Section 138 CPC authorizes a High Court, by notification in the Official Gazette, to require specified judges or classes of judges to record evidence in English in appealable cases.
Text of Section 138 CPC
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.
What Section 138 CPC means
The provision gives the High Court a supervisory power over the language in which evidence is recorded in appealable civil cases. The power is exercised through a notification published in the Official Gazette and may apply to a named judge or to judges falling within a stated description.
If a judge cannot comply with such a direction for sufficient reason, subsection (2) requires the reason to be recorded and the evidence to be taken down in writing from the judge's dictation in open court.
State Amendment
Assam and areas to which the Assam amendment was extended
The official consolidated CPC notes that, as applicable to Assam, Section 138 is substituted by the Civil Procedure (Assam Amendment) Act, 1941. The substituted provision states in substance that the High Court may, by notification in the Official Gazette, direct a specified judge or class of judges, in appealable cases, to take down or cause to be taken down the evidence in English in the prescribed form and manner.
Official citation: Civil Procedure (Assam Amendment) Act, 1941 (Assam Act 1 of 1941), section 2. The historical extension of Assam laws to successor territories should be read subject to the relevant reorganisation and adaptation legislation applicable to each State.