Introduction
Section 137 of the Code of Civil Procedure, 1908 deals with the language to be used in subordinate Courts.
The provision recognises that different States and regions may prescribe different languages for the functioning of their Courts. It therefore provides that the language of each subordinate Court shall be determined according to the rules applicable in that area.
Section 137 is concerned with the language of the Court, while also making specific provisions regarding the language in which applications and evidence may be presented.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 137 CPC |
| Subject | Language of subordinate Courts |
| Nature | Procedural |
| Main purpose | To regulate the language used in subordinate Courts |
| Authority involved | State Government, subject to the statutory framework |
| Key concept | Language prescribed for the Court |
| Important point | Language rules may differ from one State to another |
Statutory Provision
Section 137 CPC deals with the language of subordinate Courts.
The provision essentially establishes that:
- The language of each subordinate Court shall be the language prescribed by the State Government.
- Until such prescription is made, the language that was in use in the Court immediately before the commencement of the CPC continues to apply.
- The section also addresses the language in which applications and evidence may be made or recorded.
Meaning of Section 137 CPC
In simple words:
Section 137 allows the appropriate State authority to determine the language to be used in subordinate Courts and provides rules concerning the language of applications and evidence.
This is important because India has multiple regional languages.
A uniform requirement that every subordinate Court use only one language would not necessarily be suitable for every State.
Section 137 therefore provides flexibility while maintaining a statutory framework for Court language.
Purpose and Object of Section 137
The principal purpose of Section 137 is to ensure clarity and consistency in the language used in judicial proceedings.
The provision aims to:
- Identify the language to be used by subordinate Courts.
- Permit States to prescribe an appropriate Court language.
- Provide continuity where no new language has been prescribed.
- Regulate the language of applications.
- Regulate the language in which evidence is recorded.
The provision therefore combines administrative flexibility with procedural certainty.
Language of Subordinate Courts
The central principle under Section 137 is that the language of a subordinate Court is determined according to the prescribed legal framework.
The State Government has the authority to prescribe the language of subordinate Courts within the State.
This allows different States to adopt languages suited to their local circumstances.
Therefore:
Language of subordinate Court → Prescribed according to the applicable State rules
Continuity of Existing Language
Section 137 also contains a transitional principle.
Where a language has not been newly prescribed, the language that was already being used in the Court continues to apply.
This prevents uncertainty and ensures that Court proceedings do not become disrupted merely because a fresh language prescription has not yet been made.
Thus, the provision recognises both:
- State-level authority to prescribe language, and
- Continuity of existing Court practice.
Language of Applications
Section 137 also deals with the language in which applications may be made.
The procedural framework allows applications to be made in the language prescribed for the relevant Court.
This is important because applications form a fundamental part of civil proceedings.
Examples include:
- Plaint-related applications;
- Interlocutory applications;
- Procedural applications;
- Applications seeking directions or relief from the Court.
The language requirement is therefore part of the formal procedural structure of civil litigation.
Language of Evidence
Section 137 also addresses the language in which evidence is recorded.
Evidence may be given in a language other than the prescribed language in circumstances recognised by the provision.
Where necessary, the evidence may be translated or interpreted so that the Court can properly understand and record it.
This is particularly important in a multilingual country.
A witness should not ordinarily be unable to give evidence merely because the witness does not speak the language ordinarily used by the Court.
Importance of Translation and Interpretation
The practical operation of Section 137 requires Courts to deal with situations where:
- The Court uses one language;
- A party uses another language;
- A witness speaks another language;
- Documents are prepared in another language.
In such circumstances, translation or interpretation may be necessary.
The objective is to ensure that the language requirement does not prevent the Court from properly considering the case or recording evidence.
Section 137 and State Government
The State Government has an important role under Section 137.
The State Government may prescribe the language of subordinate Courts within the State.
This reflects the federal and regional structure of the Indian legal system.
Different States may therefore prescribe different languages for subordinate judicial proceedings.
Section 137 and Higher Courts
Section 137 primarily concerns subordinate Courts.
It should therefore not be understood as prescribing the language of every Court in India.
The language rules applicable to High Courts and the Supreme Court are governed by the constitutional and statutory provisions applicable to those Courts.
Thus:
Section 137 → Subordinate Courts
Practical Example
Suppose a State prescribes a particular regional language as the language of its subordinate civil Courts.
A civil suit is filed before a subordinate Court in that State.
The proceedings are conducted in the language prescribed for that Court.
If a witness does not understand that language but gives evidence in another language, the Court can use the appropriate interpretation or translation mechanism so that the evidence can be properly understood and recorded.
Another Example
Suppose no new language has been prescribed for a particular subordinate Court.
Under the transitional rule contained in Section 137, the language previously in use in that Court continues to apply.
This prevents a procedural vacuum.
Section 137 vs Section 136 CPC
These provisions deal with completely different subjects.
| Basis | Section 136 | Section 137 |
|---|---|---|
| Subject | Proceedings where person/property is outside jurisdiction | Language of subordinate Courts |
| Main concern | Territorial execution of process | Language used in judicial proceedings |
| Nature | Procedural mechanism | Procedural language provision |
| Key concept | Transmission of process | Prescribed Court language |
Easy distinction:
Section 136 = Outside jurisdiction
Section 137 = Language of subordinate Courts
Section 137 vs Section 138 CPC
Section 137 should also be distinguished from Section 138.
| Basis | Section 137 | Section 138 |
|---|---|---|
| Subject | Language of subordinate Courts | Power of High Courts to make rules as to matters under the CPC |
| Main focus | Language used in Court | Rule-making authority |
| Nature | Language provision | Rule-making provision |
Important Features of Section 137
1. It concerns subordinate Courts
The Section is specifically directed towards the language of subordinate Courts.
2. State authority is important
The State Government has the power to prescribe the language of subordinate Courts within the statutory framework.
3. Existing practice may continue
Where no new language has been prescribed, the existing language continues according to the statutory provision.
4. Applications are covered
The provision regulates the language in which applications are made.
5. Evidence is covered
The Section also provides a framework for the language in which evidence is recorded.
6. Translation may be necessary
Where the language of a party or witness differs from the Court language, interpretation or translation may be required.
Common Confusions About Section 137
1. Section 137 does not prescribe one language for every subordinate Court in India
Different States may prescribe different languages.
2. It is not a provision concerning territorial jurisdiction
That is primarily the subject of other provisions, including Section 136.
3. It does not primarily deal with the language of the Supreme Court
The Section concerns subordinate Courts.
4. It does not mean every witness must speak the Court’s prescribed language
The provision accommodates situations where evidence is given in another language.
5. Language prescription is not the same as language prohibition
The fact that a particular language is prescribed for Court proceedings does not mean that every other language can never be used in any procedural circumstance.
Practical Importance in Civil Litigation
Section 137 becomes relevant when dealing with:
- Filing of applications;
- Recording of evidence;
- Translation of documents;
- Interpretation for witnesses;
- Language prescribed for subordinate Courts;
- State-specific Court language rules.
An advocate should always check the applicable State rules and local procedural requirements concerning language.
Importance for Law Students and Judiciary Exams
Section 137 is a short section but contains several points that can be tested directly.
What to Remember
- Section 137 deals with the language of subordinate Courts.
- The State Government may prescribe the language of subordinate Courts.
- Existing Court language may continue where the statutory conditions regarding prescription are not fulfilled.
- The provision deals with the language of applications.
- It also deals with the language in which evidence is recorded.
- Translation and interpretation may become necessary where the language used by a party or witness differs from the Court language.
- Section 137 primarily concerns subordinate Courts.
Important Questions to Prepare
- What is the object of Section 137 CPC?
- Who has the power to prescribe the language of subordinate Courts?
- What happens where no language has been prescribed?
- What does Section 137 provide regarding applications?
- What does Section 137 provide regarding evidence?
- Explain the importance of language in civil proceedings under Section 137.
- Distinguish Section 136 from Section 137 CPC.
- Does Section 137 prescribe one uniform language for all subordinate Courts?
- What is the role of translation and interpretation under Section 137?
Key Legal Principles
1. Language of subordinate Courts may be State-specific
The CPC allows the appropriate State authority to prescribe the language used by subordinate Courts.
2. Continuity is maintained
Where no fresh prescription exists, the statutory transitional rule prevents uncertainty concerning the language already being used.
3. Applications and evidence are specifically relevant
Section 137 is not merely about the administrative language of the Court; it also addresses the language of applications and evidence.
4. Language should not obstruct the administration of justice
Interpretation and translation mechanisms help ensure that parties and witnesses can effectively participate in proceedings.
5. Section 137 primarily concerns subordinate Courts
The language regime of higher constitutional Courts is governed by other applicable provisions.
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 137 CPC |
| Subject | Language of subordinate Courts |
| Authority | State Government, within the statutory framework |
| Main purpose | Regulation of language in subordinate judicial proceedings |
| Applications | Language regulated under the provision |
| Evidence | Language and recording addressed |
| Existing language | May continue where no fresh prescription applies |
| Important concept | State-specific Court language |
| Related section | Section 138 CPC |
ALOS READ: Section 136 – Proceedings Where Property Is Outside Jurisdiction
Conclusion
Section 137 CPC establishes the framework for determining the language of subordinate Courts. It allows the State Government to prescribe the appropriate language while maintaining continuity where no new prescription has been made.
The Section is also important because it addresses the language of applications and evidence, allowing the judicial process to function effectively in India’s multilingual environment.
The key point to remember is:
Easy Formula to Remember
Section 137 = Language of Subordinate Courts + State Prescription + Applications + Evidence + Translation/Interpretation.
