Code
Section 137. Language of subordinate Courts.—
(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs.
(2) The State Government may declare what shall be the language of any such Court and in what script applications to and proceedings in such Courts shall be written.
(3) Where this Code requires or permits anything, other than the recording of evidence, to be done in writing in any such Court, such writing may be in English. However, if any party or the party’s pleader is not acquainted with English, the Court shall, on request, provide a translation into the language of the Court. The Court may also pass appropriate orders regarding the costs of the translation.
State Amendment – Rajasthan
In Rajasthan, wherever the Code requires or permits anything other than the recording of evidence to be done in writing, such writing shall ordinarily be in Hindi using the Devanagari script with the international form of Indian numerals. However, the Court may accept documents in English if the party undertakes to submit a Hindi translation within the time allowed by the Court. The opposite party is also entitled to receive a Hindi copy of such documents.
Explanation of Section 137 CPC
Section 137 of the Code of Civil Procedure, 1908 regulates the language used in subordinate civil courts across India. The provision ensures that court proceedings remain accessible to litigants while allowing State Governments to determine the official language of subordinate courts within their jurisdiction.
The section also protects the rights of parties who are unfamiliar with English by allowing them to request translations of documents filed before the court.
Continuation of the Existing Court Language
Under Section 137(1), every subordinate court continues to use the language that was in use when the Code came into force unless the State Government directs otherwise.
This provision maintains continuity in judicial administration and prevents unnecessary disruption in court proceedings.
Power of the State Government
Section 137(2) authorizes the State Government to determine the official language of subordinate courts.
The State Government may also specify the script in which applications, pleadings, and other court documents should be prepared. This flexibility allows each State to adopt a language that best serves its people while ensuring consistency in court administration.
Use of English and Right to Translation
Section 137(3) permits written documents, other than recorded evidence, to be prepared in English where the Code allows or requires written submissions.
If a party or the party’s advocate does not understand English, the court must provide a translation into the language of the court upon request. The court also decides who should bear the translation expenses after considering the circumstances of the case.
This provision promotes fairness by ensuring that language does not become a barrier to justice.
Rajasthan State Amendment
The State of Rajasthan has introduced a special amendment to Section 137.
Under this amendment, written documents, except recorded evidence, should generally be filed in Hindi using the Devanagari script. Courts may still accept documents in English if the filing party undertakes to submit a Hindi translation within the prescribed time. The opposing party also has the right to receive a Hindi copy of the document.
This amendment encourages the use of Hindi in court proceedings while allowing flexibility when English documents are initially filed.
Purpose of Section 137 CPC
The primary objective of Section 137 CPC is to establish clear rules regarding the language used in subordinate courts. It promotes efficient judicial administration while ensuring that litigants understand court proceedings and documents.
The provision also balances the practical use of English in legal drafting with the need to make justice accessible to individuals who use regional languages.
Importance of Section 137 CPC
Section 137 CPC plays an important role in improving access to justice. It ensures that language differences do not prevent individuals from understanding legal proceedings or exercising their legal rights.
The provision also gives State Governments the flexibility to adopt languages suited to local needs, thereby making the civil justice system more inclusive and effective.
Illustration
A civil suit is pending before a subordinate court in Karnataka. One party files written submissions in English. The opposing party is not familiar with English and requests a translation. Under Section 137(3), the court directs that a translation be provided in the language of the court and decides who will bear the translation costs.
In another case, a civil suit is filed in Rajasthan. The plaintiff initially files a written application in English and undertakes to submit a Hindi translation within the period granted by the court. The court accepts the English document and provides the translated Hindi version to the opposite party, in accordance with the Rajasthan amendment.
Common Questions and Answers
1. What is the purpose of Section 137 CPC?
Answer:
Section 137 CPC regulates the language used in subordinate civil courts and ensures that parties can understand court documents through translations whenever necessary.
2. Who decides the language of subordinate courts?
Answer:
The State Government has the authority to declare the official language and script to be used in subordinate courts within the State.
3. Can documents be filed in English under Section 137 CPC?
Answer:
Yes. Written documents, other than recorded evidence, may be filed in English. If a party or advocate does not understand English, the court must provide a translation upon request.
4. What is the Rajasthan amendment to Section 137 CPC?
Answer:
The Rajasthan amendment requires most written documents to be filed in Hindi using the Devanagari script. However, courts may accept English documents if the party files a Hindi translation within the time granted by the court.
Conclusion
Section 137 CPC establishes a practical framework for determining the language of subordinate courts in India. By empowering State Governments to specify the official language and ensuring that translations are available when needed, the provision promotes fairness, accessibility, and efficient judicial administration. It also accommodates regional language requirements while preserving the practical use of English in civil litigation, making the justice system more inclusive for all litigants.
