Section 138 Code of Civil Procedure 1908

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Section 138 Code of Civil Procedure, Section 138 of CPC

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1[138. Power of High Court to require evidence to be recorded in English.—(1) The 2[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. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2.

2. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”.

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