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English is not the language of a civil court, but a witness gives evidence in English. Under Order…

The judge may record evidence given in English in that language if all parties appearing in person and the pleaders of represented parties raise no objection. Non-objection…

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English is not the language of a civil court, but a witness gives evidence in English. Under Order XVIII rule 9(1) of the Code of Civil Procedure, 1908, when may the judge have that evidence recorded in English?

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Answer and explanation

Correct answer B

The judge may record evidence given in English in that language if all parties appearing in person and the pleaders of represented parties raise no objection. Non-objection enables judicial discretion. It does not make English recording compulsory.

Option feedback

Option A

The judge’s view of necessity cannot replace the rule’s non-objection condition.

Option B

Once the parties appearing in person and the relevant pleaders raise no objection, the judge may record the evidence in English or have it recorded in English.

Option C

A majority is insufficient. The rule requires absence of objection from all the specified participants.

Option D

The rule specifies absence of objection and does not impose a written-consent requirement.

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