Vidhara

The Code of Civil Procedure, 1908

§138Power 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. 1. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937. 2. Subs. by the A.O. 1937, 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. 4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”.

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Official text: India Code (official)

Official India Code text: The Code of Civil Procedure, 1908 (5 of 1908), English PDF (bitstream 123456789/2191/1/A190805.pdf, 3,275,360 bytes, sha256 8849fc32…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-29. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history excluded; Schedule I (Orders/Rules) not included in the section list; spot-verified; full clause-level proofread pending.

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