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 the 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. STATE AMENDMENT ASSAM AND NAGALAND.- For Section 138, in its application to Assam and Nagaland, the following section shall be substituted, namely: “138. Power of High Court to require evidence to be recorded in English.—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 in cases in which an appeal is allowed, he shall take down, or cause to be taken down, the evidence in the English language and in the form and manner prescribed.” The Civil Procedure (Assam Amendment) Act, 1941 (Assam Act 2 of 1941), Section 2, 12th February, 1941 and State of Nagaland Act, 1962 (27 of 1962), Section 26 (1.12.1963).
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