Power of High Court to require evidence to be recorded in English
Section 138 of the Code of Civil Procedure, 1908 deals with power of High Court to require evidence to be recorded in English. 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 presc The Act came into force on 01 Jan 1909.
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.
Section 138, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Questions about Section 138
What does Section 138 of the Code of Civil Procedure deal with?
Section 138 of the Code of Civil Procedure is headed "Power of High Court to require evidence to be recorded in English". [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
How do I find court cases under Section 138 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 138, section 138 CPC, section 138 of the Code of Civil Procedure. People searching for it also type 138 cpc act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 138 of the Code of Civil Procedure come into force?
Section 138 of the Code of Civil Procedure, cited as CPC 138, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.