The main legal point established is that the use of Hindi as the official language in subordinate courts, as mandated by the M.P. Official Language Act, 1957 and M.P. Civil Court Rules, 1961, must be adhered to, and demands for translated copies in Hindi are justified.

1. The instant petition under Article 227 of the Constitution of India has been preferred by the petitioners/defendants against the order dated 07/02/2018 passed by 7th Additional District Judge, District-Morena in Appeal No.09-A/14 preferred at the instance of petitioners/defendants in which a direction has been given to the petitioners/appellants to submit Hindi translated copy of appeal memo.

2. Precisely stated facts of the case for adjudication are that a suit was filed by the respondents/plaintiffs for eviction and recovery of rent against the present petitioners/defendants. It appears that the trial Court vide judgment and decree dated 31/01/2014, decreed the suit filed by the plaintiffs under Section 12(1)(b) and 12 (1)(f) of the M.P. Accommodation Control Act, 1961. Feeling aggrieved by the judgment and decree of the trial Court, appeal under Section 96 of CPC was preferred before the first appellate Court. It further appears that appeal was preferred in English language. Matter was pending for final arguments. Meanwhile, counsel for the respondents/plaintiffs prayed for translated copy of appeal memo in Hindi to facilitate the final arguments. Appellate Court directed the petitioners/defendants to submit Hindi translated copy of appeal memo on next date of hearing and matter was posted on 27/02/2018. On 27/02/2018 and thereafter, on 06/03/2018, Hindi translated copy was not provided therefore, the matter was adjourned. As per the submissions of the parties, matter is still pending for providing translated copy of appeal memo. Petitioners are aggrieved by the direction of the appellate Court by which translated copy of the appeal memo in Hindi (filed in English) has been directed to be supplied.

3. According to counsel for the petitioner, once the appeal was preferred in English at the time of final arguments, no such demand could have been raised by the respondents. This amounts to dilatory tactics since no objection was raised at the time of filing of the appeal. He prayed for setting aside the order passed by the first appellate Court.

4. Per contra, learned counsel for the respondents opposed the prayer made by the petitioners and submits that respondents including counsel appearing for the same are not well versed with the English language. As per the M.P. Civil Court Rules, 1961 a translated copy of appeal memo in Hindi is required to be provided. The appellate Court rightly passed the order under challenge. Petitioners can very well provide translated copy of the appeal. He prayed for dismissal of the writ petition.

5. Heard the learned counsel for the parties and perused the documents appended with the petition.

“Language appears to be one of the earliest inventions of Human Civilization, beside invention of Wheel and discovery of Fire.”

6. Part XVII of the Constitution of India deals in respect of “Official Language”, in which Chapter-I is in respect of language of the Union and as per Article 343 of the Constitution of India, language of the Union shall be in Hindi in Devanagari Script. Chapter-II of the same deals with Regional Languages under which Article 345 of the Constitution of India deals in respect of Official Language or the Languages of a State.

7. Section 3 of the M.P. Official Language Act, 1957 (hereinafter referred as “Act of 1957”), provided that Hindi shall be the Official Language of the State (Madhya Pradesh) for all purposes except such purposes as are specifically excluded by the Constitution and in respect of such matters as may be specified by Government from time to time by notifications.

8. After getting independence, sovereignty lies in People and reflection of the popular will reflected in Constitution.

9. Notification No.45940-FN.7(a)5-76B-XXI Dated 22/11/1976 published in M.P. Rajpatra (Ext.) dated 23/11/1976, in exercise of the powers conferred by Sub Section (2) of Section 137 of the Civil Procedure Code, 1908, the State Government declares that with effect from the 26th January,