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1996 Supreme(MP) 279

S.C.PANDEY
Punjab National Bank – Appellant
Versus
Maqbool Ahmad Qureshi – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The use of English for pleadings and applications is permitted under the Civil Procedure Code, except for the recording of evidence, which must be in the language of the court or translated if requested [judgement_subject][judgement_act_referred].

  2. The plaintiff has the right to file a plaint in English; however, if the opposite party or their counsel lacks knowledge of English, they can demand a translated copy in the court's language, and the plaintiff must supply it [judgement_subject][judgement_act_referred].

  3. The court's decision emphasizes that the primary requirement is for the plaintiff to provide a translated copy of the plaint in the requested language if such a demand is made and is genuine [judgement_subject][judgement_act_referred].

  4. The legal position clarifies that while the State Government may declare a language for court proceedings, the provisions of the Civil Procedure Code allow pleadings and applications in English, with translations provided on demand, overriding any conflicting notifications [judgement_subject][judgement_act_referred].

  5. The court cannot reject a plaint filed in English solely on the ground that it was filed in that language; instead, the obligation is to supply a translation if required [judgement_subject][judgement_act_referred].

  6. The court also notes that demands for translation should be genuine; if a demand appears to be made merely to prolong litigation or is frivolous, the court has the authority to reject such requests [judgement_subject][judgement_act_referred].

  7. Overall, the legal framework supports the use of English for pleadings, with the condition that translations are provided when demanded for reasons of language comprehension, ensuring fairness and access to justice [judgement_subject][judgement_act_referred].

Please let me know if you need further analysis or specific legal advice related to this document.


ORDER

S.C. Pandey, J.

1. This revision under Section 115 of the Code of Civil Procedure is directed against the order dated 23-1-1991, passed by Shri M. A. Minz, IIIrd Addl. Judge to the Court of District Judge, Jabalpur in Civil Suit No. 24-A/1989.

2. The applicant/plaintiff had filed a suit for recovery of Rs. 82,016.70 p. against the non-applicants on 26-4-1989. The plaint in the case was filed in English. After service of summons, it is alleged by the applicant that on 17-7-1990, an application was made by the counsel for the non-applicants in English to supply the copy of the statement of account in Hindi which was accordingly supplied. Thereafter on 23-1-1991, the counsel for the non-applicants filed an application under Section 137 of Civil Procedure Code requiring the applicant to give a translated copy of the plaint in Hindi. This application too was signed by the counsel for the non-applicants in English. The application filed by the counsel for the non-applicants in the court below was opposed by the applicant on the ground that the application under Section 137 of the Civil Procedure Code was filed with a view to avoid filing of the written statement and, their defence was








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