Section 137(3) of the Code of Civil Procedure, 1908, allowed the use of English for the purpose of filing a plaint, and the Madhya Bharat Official Language Act, 1950, did not prohibit the use of English for the purposes specified in Section 137(3) of the Code of Civil Procedure, 1908.

( 1 ) THESE two revision petitions submit for decision an interesting point as to the validity of a plaint in English in a suit instituted in a Civil Court located in the territory of the former Madhya Bharat. The facts are simple. Natwarlal filed a suit on 13th April, 1956, against Dayabhai, Chhotobhai and Purshottambhai in the court of the District Judge, Indore, for accounts or a dissolved partnership. The plaint was in English. After the service of the summons, the defendants without filing any written statement raised an objection that as the language of the Court was Hindi and the plaint was in English, the plaintiff be directed to file the plaint in hindi before calling upon the defendants to file their written statements. In reply, the plaintiff, while maintaining that the plaint in English was a valid one. filed a Hindi translation of the plaint. Thereupon the defendants raised further objections that as the plaint filed in English was invalid there was no suit at all; that the Hindi translation should be considered as a freshly Instituted plaint against the defendants on the date on which the translation had been filed; and that it required fresh court-fees. The learned Additional District Judge of Indore held that it was not permissible for the plaintiff to file the plaint In English. He further held that the English plaint would be treated as the plaint in the suit till the date of the filing of the Hindi translation thereof; that thereafter the plaint in hindi would be the plaint in the suit, and that the plaint in English would be used for reference as "authoritative". The learned Additional District Judge also held that no fresh court-fee was necessary. The plaintiff and the defendant Dayabhai both have now come up in revision to this Court against the said order of the additional District Judge, Indore. In Civil Revision No. 312 of 1956 filed by Dayabihai it is contended that the order of the lower Court treating the plaint in English as the plaint in the suit up to the date of the filing of the Hindi translation thereof is erroneous and that having found that every plaint was required by law to be in Hindi, the lower Court should have further held that the plaint in English against the defendants was non est. The defendant prays that the order of the lower Court be set aside and this Court be pleased to pass such order as may be thought just and proper. In his revision petition No. 361 of 1956 the plaintiff urges that the learned Additional District judge was wrong in holding that the plaint had to be in Hindi and prays that the order of the lowsr Court be set aside in toto.

( 2 ) BEFORE stating the contentions of the learned counsel appearing for the parties it seems to be necessary to refer to the relevant provisions of law. After the formation of Madhya Bharat in 194. g and until 23rd January, 1950, the Indore code of Civil Procedure, which was very similar to the Code of 1308, continued to be in force in that part of Madhya Bharat which was formerly Holkar State. Section 139 of the Indore Code of Civil Procedure was analogous to Section 137 of the indian Civil Procedure Code, 1908. and both English and Hindi were used as languages of subordinate Courts in that part of Madhya Bharat comprising of the former Holkar State. On 27th November, 1948, the Madhya Bharat Government issued a notification (published in Gazette dated 27th November, 1948. at page 158) declaring that all proceedings in and judgments of the subordinate Courts should be in Hindi language written in Devnagari script and directing that this shall be the language of all the subordinate Courts in Madhya Bharat after a period of six months. This notification did not In any way effect Sub-section (3) of Section 139 of Indore Civil procedure Code which permitted the use of English for purposes specified therein. The Indore Code of Civil Procedure, as well as the Codes of Civil Procedure in force in various covenanting states of Madhya B