CS Professional · Drafting, Pleadings and Appearances · Pleadings
Nair Exports is sued in a district court of Kerala. The plaint is in English. Nair's advocate drafts a written statement and asks which general rule applies to the language of pleadings in a subordinate court. Based on the Code of Civil Procedure, 1908, which is correct?
The State Government may declare the language of a subordinate court and the character in which its proceedings are written, with the existing language continuing until it directs otherwise. So there is no uniform English-only or Hindi-only rule, and parties cannot choose freely.
- AThe State Government may declare the language of a subordinate court and the character in which proceedings are writtenCorrect
- BPleadings in all subordinate courts must be in English only
- CPleadings in all subordinate courts must be in Hindi only
- DEach party may choose any language without reference to the court's language
Explanation
Section 137 provides that the court's existing language continues until the State Government otherwise directs, and the State Government may declare the language and character of proceedings. Hence neither English-only nor Hindi-only is a universal rule, and parties cannot choose freely.
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