Skip to content
Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part XI: Miscellaneous

Section 138 CPC: Power of High Court to require evidence to be recorded in English

Bare Act text

[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 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.

Amendment notes

  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.”.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

The High Court may, by notification in the Official Gazette, direct that a specified Judge, or Judges of a described class, take down evidence in cases in which an appeal is allowed in the English language and in the prescribed manner. Where a Judge is prevented by sufficient reason from complying, he must record the reason and have the evidence taken down in writing from his dictation in open Court.

Part XI: Miscellaneous

  1. 132 Exemption of certain women from personal appearance
  2. 133 Exemption of other persons
  3. 134 Arrest other than in execution of decree
  4. 135 Exemption from arrest under civil process
  5. 135A Exemption of members of legislative bodies from arrest and detention under civil process
  6. 136 Procedure where person to be arrested or property to be attached is outside district
  7. 137 Language of subordinate Courts
  8. 138 Power of High Court to require evidence to be recorded in English
  9. 139 Oath on affidavit by whom to be administered
  10. 140 Assessors in causes of salvage, etc
  11. 141 Miscellaneous proceedings
  12. 142 Orders and notices to be in writing
  13. 143 Postage
  14. 144 Application for restitution
  15. 145 Enforcement of liability of surety
  16. 146 Proceedings by or against representatives
  17. 147 Consent or agreement by persons under disability
  18. 148 Enlargement of time
  19. 148A Right to lodge a caveat
  20. 149 Power to make up deficiency of court-fees
  21. 150 Transfer of business
  22. 151 Saving of inherent powers of Court
  23. 152 Amendment of judgments, decrees or orders
  24. 153 General power to amend
  25. 153A Power to amend decree or order where appeal is summarily dismissed
  26. 153B Place of trial to be deemed to be open Court
  27. 154 Saving of present right of appeal (Repealed)
  28. 155 Amendment of certain Acts (Repealed)
  29. 156 Repeals (Repealed)
  30. 157 Continuance of orders under repealed enactments
  31. 158 Reference to Code of Civil Procedure and other repealed enactments
ShareWhatsAppTelegramLinkedInX