[138. Power of High Court to require evidence to be recorded in English.—
(1) The 4[High
Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the
1. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937.
2. Subs. by the A.O. 1937, for “Bombay or Rangoon”.
3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941),
s. 2.
4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”.
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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.