Code of Civil Procedure, 1908 | Court language

Section 137 CPC: Language of Subordinate Courts

Section 137 of the Code of Civil Procedure, 1908 governs the language and script used in courts subordinate to a High Court, the State Government's power to specify them, and the right to request translation of certain English-language documents.

Section 137 CPC - Statutory text

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 character applications to and proceedings in such Courts shall be written.

(3) Where this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.

The statutory wording has been standardized for presentation, correcting obvious transcription errors in the supplied page. For the authoritative Act and amendments, see the India Code official legislation portal. The applicable State Government notifications and High Court rules should also be checked.

Explanation of Section 137 CPC

Subsection (1): Continuity of the court language

The language already used by a subordinate court when the CPC commenced continues unless the State Government directs otherwise. The provision preserves continuity but does not permanently fix one language for every civil court in India.

Subsection (2): State Government's power

The State Government may declare both the language of a subordinate court and the character or script in which applications and proceedings are written. The operative language therefore depends on the jurisdiction and applicable notifications, not on a single nationwide rule.

Subsection (3): Written material in English

Where the CPC requires or permits a matter to be written in a subordinate court, English may be used for that matter except for the recording of evidence, which is outside this particular permission. This provision does not mean every proceeding must be conducted in English.

Translation rights and costs under Section 137(3)

If a party or the party's pleader is unacquainted with English, the statute allows that person to request a translation of the relevant English writing into the language of the court. The court decides how the costs of translation are to be paid.

Who can request it? A party or pleader unacquainted with English.
Translation into which language? The language of the court concerned.
Who decides the cost? The court, by an appropriate order.
Does it cover evidence recording? The English-writing permission in subsection (3) expressly excludes the recording of evidence.

For example, where an English-language written application is permitted under the CPC but an affected party does not understand English, that party may seek a translation into the court's language. Any request should identify the writing concerned and explain the need for translation.

Section 138 CPC deals separately with the High Court's power to require evidence to be recorded in English in certain circumstances. It should be read alongside Section 137 rather than treating Section 137(3) as a blanket rule for evidence.

For pleadings, documents and court procedure, the relevant CPC Orders, local civil rules and notified language directions may impose additional requirements. A litigant should check the rules of the particular subordinate court and any translation or certified-copy procedures before filing.

Section 137 applies to courts subordinate to a High Court. The language of proceedings in the Supreme Court and High Courts is also governed by other applicable legal provisions, including Article 348 of the Constitution of India, subject to its terms and applicable law. Section 137 should not be treated as overriding those provisions.

Frequently asked questions

Who decides the language of a subordinate civil court?

Under Section 137(2), the State Government may declare the language of a subordinate court and the script in which applications and proceedings are written.

Can a document be written in English under Section 137 CPC?

Section 137(3) permits English for written matters other than the recording of evidence, where the Code requires or allows writing, subject to the statutory translation safeguard.

Can a party request a translation?

Yes. Where a party or pleader is unacquainted with English, Section 137(3) provides for a translation into the language of the court at the request of that party or pleader.

Who pays for the translation?

The court makes such order as it thinks fit concerning the payment of translation costs under Section 137(3).

Does Section 137 govern evidence recorded in English?

The permission in Section 137(3) expressly excludes the recording of evidence. Section 138 separately addresses a High Court power relating to recording evidence in English.

This article provides general legal information. Confirm the latest statutory text, applicable State notifications and court rules before relying on a language requirement in a specific proceeding.