Code
Section 138. Power of High Court to require evidence to be recorded in English.—
(1) The High Court may, by notification published in the Official Gazette, direct that any Judge specified in the notification, or any Judge falling within a specified category, shall record evidence in the English language, in appealable cases, in the manner prescribed.
(2) If a Judge is unable to comply with such direction due to sufficient cause, the Judge shall record the reasons for the inability and ensure that the evidence is taken down in writing from his dictation in open Court.
Explanation of Section 138 CPC
Section 138 of the Code of Civil Procedure, 1908 empowers the High Court to direct certain judges to record evidence in English in civil cases where an appeal is permitted. The provision promotes consistency and accuracy in judicial records, particularly in matters that may later be examined by appellate courts.
The section also recognizes that exceptional situations may prevent strict compliance with such directions. Therefore, it provides an alternative procedure to ensure that court proceedings continue without unnecessary delay.
Power of the High Court
Under Section 138(1), the High Court may issue a notification in the Official Gazette requiring specified judges or categories of judges to record evidence in English.
The direction applies only to civil cases in which an appeal is allowed. By granting this authority, the Code enables the High Court to maintain uniform standards in recording evidence for appellate review.
Recording Evidence in English
When a notification is issued, the concerned judge must record the evidence in English following the prescribed procedure.
Recording evidence in a common language helps appellate courts examine the trial record efficiently. It also reduces the possibility of translation errors that may arise during appeal proceedings.
Exception When Compliance Is Not Possible
Section 138(2) recognizes that a judge may face circumstances that make compliance impossible.
In such situations, the judge must record the reasons for the inability to follow the High Court’s direction. The judge must then dictate the evidence in open court so that it is recorded in writing. This alternative procedure ensures transparency while preserving the accuracy of the court record.
Purpose of Section 138 CPC
The primary objective of Section 138 CPC is to improve the quality and uniformity of evidence recorded in appealable civil cases. It helps appellate courts review evidence without unnecessary linguistic barriers and supports the efficient administration of justice.
At the same time, the section allows flexibility by permitting judges to adopt an alternative procedure when genuine difficulties prevent compliance.
Importance of Section 138 CPC
Section 138 CPC plays an important role in maintaining reliable judicial records. Accurate recording of evidence is essential because appellate courts often rely on the trial record while deciding appeals.
The provision also balances procedural efficiency with practical realities by allowing judges to record reasons for non-compliance and continue proceedings without affecting the fairness of the trial.
Illustration
A High Court issues a notification directing all District Judges hearing appealable civil cases to record evidence in English. During a property dispute, the District Judge follows the notification and records the testimony of all witnesses in English for future appellate review.
In another case, a judge faces an unforeseen circumstance that prevents compliance with the notification. The judge records the reason in the case file and dictates the evidence in open court, ensuring that the proceedings continue lawfully and transparently.
Common Questions and Answers
1. What is the purpose of Section 138 CPC?
Answer:
Section 138 CPC authorizes the High Court to require judges to record evidence in English in appealable civil cases to ensure uniformity and facilitate appellate review.
2. Who can issue directions under Section 138 CPC?
Answer:
Only the High Court can issue such directions through a notification published in the Official Gazette.
3. What happens if a judge cannot record evidence in English?
Answer:
The judge must record the reasons for the inability and dictate the evidence in open court so that it is recorded in writing according to law.
4. Why is Section 138 CPC important?
Answer:
Section 138 CPC improves the accuracy, consistency, and reliability of court records, making it easier for appellate courts to examine evidence during appeal proceedings.
Conclusion
Section 138 CPC empowers High Courts to ensure that evidence in appealable civil cases is recorded in English, thereby promoting consistency and efficiency in judicial administration. The provision also accommodates practical difficulties by allowing judges to record reasons for non-compliance and adopt an alternative recording procedure. As a result, Section 138 strengthens the quality of judicial records while ensuring that civil proceedings continue fairly and without unnecessary interruption.
