## CPC 138

### CPC 138 — Power of High Court to require evidence to be recorded in English
- https://unisonlegal.in/statutes/cpc/138

> 3[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
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.

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.".
IndiaCode
82
139. Oath on affidavit by whom to be administered.-In the case of any affidavit under this Code-
(a) any Court or Magistrate, or
1[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
(b) any officer or other person whom a High Court may appoint in this behalf, or
(c) any officer appointed by any other Court which the State Government has generally or
specially empowered in this behalf,
may administer the oath to the deponent.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 139 of Act no. 5 of 1908.- In section 139 of the Code of Civil
Procedure, 1908, for clauses (b) and (c), the following shall be substituted and be
deemed always to have been substituted, namely :-
"(b) any person appointed in this behalf by a High Court or by a District Court ; or
 (c) any person appointed in this behalf by such other Court as the State Government may, by
general or special order, empower in this behalf" ;
[Vide Uttar Pradesh Act 11 of 1981, s. 2]