Subordinate Courts in Andhra Pradesh can entertain pleadings and applications in English, subject to a translation being supplied to the other side where necessary.

P. SATYANARAYANA RAJU, C. J.

( 1 ) THIS is a reference made by the Munsif-Magistrate of Vikrabad under O. XLVI, R. 1 of the Code of Civil Procedure. It reads as follows:-"whether after G. O. Ms. No. 1295 Home (Courts-A), dated 16-7-62, Government of Andhra Pradesh (Published in the Gazette, dated 9-8-62 at p. 2041) and G. O. Ms. No. 125, dated 6-7-62 of the Government of Andhra Pradesh the subordinate Courts can entertain pleadings and applications, etc. , in English language and whether the parties can be allowed to file their pleadings, applications, etc. , in English after furnishing a translation of the same to the opposite party in Telugu or Urdu if he so requires. "

( 2 ) THE material portion of the Government Order referred to in the Reference reads as follows:-"notification No. 1. In exercise of the powers conferred by sub-s. (2) of S. 137 of the Code of Civil Procedure, 1908 (Central Act, V of 1908), and in supersession of all the previous notifications on the subject, the Governor of Andhra Pradesh hereby declares that the languages mentioned in Column (2) of the Schedule below shall be the languages of the Courts subordinate to the High Court in the corresponding districts mentioned in Column (1) thereof. "

( 3 ) THE question is whether after the issue of the above notification by the Government it is possible for subordinate Courts in the State of Andhra Pradesh to entertain pleadings and applications in the English language.

( 4 ) SECTION 137 of the Code of Civil Procedure deals with the language of subordinate civil Courts. While permitting the continuance of the existing Court languages until a different provision is made, it empowers a State Government to declare what shall be the language of any civil Court.

( 5 ) SUB-SECTION (3) of S. 137, which is the material position, reads as follows:-"whether this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation. "

( 6 ) THIS sub-section deals with writings other than the recording of evidence. Pleadings and applications may be in English subject to a translation being supplied to the other side where necessary.

( 7 ) THIS provision has come up for consideration before some of the High Courts. In L. M. Wakhare v. The State, AIR 1959 Madh Pra 208, the question arose as to whether the Madhya Pradesh Official Language Act, specifying Hindi or Marathi as the language of the Courts, was valid. The learned Judges held that the enactment did not contravene any of the Constitutional provisions, and was valid, and that English could be used in accordance with sub-s. (3 ).

( 8 ) IN Dayabhai v. Natwarlal, (S) AIR 1957 Madh Pra 1, it was held by Dixit, J. that even after the enactment of the Madhya Bharat Official Language Act and the issue of a notification thereunder, the use of English by subordinate Courts for purposes mentioned in S. 137 (3) was not prohibited.

( 9 ) IN Sarshwati Bai v. Allahabad Bank Ltd. , AIR 1963 All 546, the point for consideration was whether in view of R. 15 framed by the Government under the powers conferred by Art. 227 (2) (b)of the Constitution, prescribing Hindi in Devanagari script as the language of the Court, a plaint presented in English was valid. It was held that in the absence of an executive direction prohibiting the use of English, which had been the language of the Court before, the plaint was valid.

( 10 ) THE matter can be looked at from another point of view. Article 345 of the Constitution provides:"subject to the provisions of Arts. 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used f

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