CS Professional · Drafting, Pleadings and Appearances · Pleadings
Anita, a party in a subordinate court in a State with no special amendment to Section 137, files an application in English where the Code allows a matter other than evidence to be written. Her opponent's pleader knows only the court's language and asks for help. What does Section 137(3) of the Code provide?
A translation into the court's language must be supplied to the unacquainted party or pleader on request, and the court makes such order as it thinks fit regarding the costs of that translation. English writing is permitted under Section 137(3).
- AThe application is invalid unless filed in the court's language
- BThe opponent must engage an English-knowing pleader at his own cost
- CA translation into the court's language is supplied to him at his request, and the court orders as it thinks fit on the costs of translationCorrect
- DThe court must dismiss the application and direct refiling
Explanation
Section 137(3) allows such writing to be in English, but if a party or his pleader is unacquainted with English, a translation into the court's language shall be supplied at his request. The court makes such order as it thinks fit about the cost. Invalidity or dismissal is not provided.
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