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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Vikram files a written application in a subordinate court in Rajasthan, drafted in English, in a matter other than recording of evidence. Under the Rajasthan amendment to Section 137(3), what is the correct position?

The writing should be in Hindi in Devnagri script, but the court has discretion to accept English if the party undertakes to file a Hindi translation within the time allowed. The opposite party can claim a Hindi copy.

  1. AEnglish is always acceptable without any condition
  2. BSuch writing shall be in Hindi in Devnagri script, but the court may in its discretion accept English on the party's undertaking to file a Hindi translation within the time grantedCorrect
  3. COnly Urdu script is permitted
  4. DThe writing is void and cannot be cured by translation

Explanation

The Rajasthan substituted sub-section (3) requires writing in Hindi in Devnagri Script with the international form of Indian numerals. The proviso lets the court accept English on an undertaking to file a Hindi translation within time granted, and the opposite party may have a Hindi copy.

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