Code of Civil Procedure, 1908 | Order XVIII

Order XVIII Rule 9 CPC - When Evidence May Be Taken in English

Order 18 Rule 9 of the Code of Civil Procedure, 1908 (CPC) allows a civil court, in specified circumstances and where the relevant parties or their pleaders do not object, to record witness evidence in English even when English is not the language of the court.

Text of Order XVIII Rule 9 CPC

9. When evidence may be taken in English.

(1) Where English is not the language of the Court, but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence as is given in English, being taken down in English, the judge may so take it down or cause it to be taken down.

(2) Where evidence is not given in English but all the parties who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, the Judge may take down, or cause to be taken down, such evidence in English.

The rule forms part of Order XVIII: Hearing of the Suit and Examination of Witnesses in the First Schedule to the CPC.

Meaning and scope of Rule 9

The rule distinguishes between the language spoken by the witness and the language in which the testimony is recorded. It addresses both evidence originally spoken in English and evidence spoken in another language.

Rule 9(1): Evidence given in English

When English is not the language of the court but a witness gives evidence in English, the judge may record that evidence in English, or direct that it be recorded in English, provided the parties appearing personally and the pleaders representing other parties do not object.

Rule 9(2): Evidence given in another language

Even when a witness testifies in a language other than English, the judge may have the evidence recorded in English if the persons specified in the rule do not object. The record must accurately reflect the testimony, and the safeguards concerning interpretation remain relevant.

Conditions for recording evidence in English

The case is a civil proceeding governed by the relevant CPC provisions.
English is not the language of the court for the situation addressed by Rule 9.
All parties appearing in person, and the pleaders of represented parties, do not object to recording the evidence in English.
The judge exercises discretion: absence of objection permits recording in English but does not make it compulsory.
Any applicable High Court rules, local amendments and directions must also be considered.

Section 137 - Language of subordinate courts

Section 137 governs the language of courts subordinate to a High Court and empowers the State Government to declare the language and script used in their proceedings. Its provisions regarding written material other than the recording of evidence should not be confused with Rule 9, which specifically addresses evidence.

Section 138 - Power of High Court to require evidence in English

Section 138 authorizes a High Court, through a notification in the Official Gazette, to require specified judges or classes of judges to record evidence in English in appealable cases. This is a separate statutory mechanism from the discretion under Rule 9.

Order XVIII Rules 5 and 6

Rule 5 sets out requirements for taking evidence in appealable cases. Rule 6 provides for interpretation of a written deposition to a witness who does not understand the language in which it has been recorded.

Practical illustration

Suppose a witness gives testimony in Hindi before a civil court whose language is Hindi. If the parties appearing personally and the advocates representing other parties do not object, the judge may direct that the testimony be recorded in English under Rule 9(2). If a witness cannot understand the written English record, the interpretation requirement under Rule 6 may also arise.

Important: Rule 9 does not automatically give any party a right to insist on English recording. The judge retains discretion, and local court rules or amendments may affect the procedure.

Frequently asked questions

Is consent required to record evidence in English?

Rule 9 requires the absence of objection from the parties appearing in person and the pleaders of parties represented by pleaders. It does not expressly require a separate written consent form.

Can testimony spoken in a regional language be recorded in English?

Yes. Rule 9(2) permits this, subject to the specified absence of objection and the judge's discretion.

Does Rule 9 override state-specific court language rules?

It should be read with applicable local amendments, High Court rules and relevant statutory provisions. The position in a particular court should be checked before relying on the rule.

Official legal source

Read the Code of Civil Procedure, 1908 (official India Code PDF), including Order XVIII and Sections 137 and 138. Check applicable local amendments and High Court notifications for jurisdiction-specific requirements.

Legal information only. The applicability of procedural provisions depends on the court, jurisdiction and facts of the case.