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O. H. MOOTHAM
MOHD. AZIMUDDIN ASHRAF – Appellant
Versus
STATE OF U. P. – Respondent
( 1 ) THIS is a petition under Article 226 of the Constitution.
( 2 ) THE petitioners were defendants in a suit which had been instituted against them in the court of the Munsif, Barabank. In that suit they sought to file a Written Statement in Urdu in the Persian script, but by an order dated 23-8-1958, the learned Munsif held that as the language of the court was Hindi written in Devnagri script the Written Statement could not be accepted and he accordingly rejected it. It is against that order that the present petition has been filed.
( 3 ) THE contention of the petitioners is that by virtue of the proviso to a Notification dated 8-10-1947, issued by the State Government under Section 137 of the Code of Civil Procedure they were entitled to file a Written Statement in Urdu written in the Persian script, and they pray that the order of the learned Munsif be quashed and that he be directed to accept their written statement.
( 4 ) NOW Section 137 of the Code of Civil Procedure, so far as it is material, provides that: "137. (1) The language which on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the la
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