AIR 1963 ALLAHABAD 546 ::1963 ALL. L. J. 243

Allahabad High Court

Hon'ble Judge(s): B. Dayal, J. N. Takru , JJ

(A) Allahabad High Court Rules and Orders , — General Rules (Civil) , R.15— Plaint written not in Hindi but in English - Plaint is valid in spite of R.15 - Constitution of India, Art.227(2)(b), Art.345 - Civil P.C. (5 of 1908), S.122, S.137 - Notification u/S.137 U.P. Government Notification No. 4586(6)/111-170-47, D/-08-10-1947. A plaint written in English language and filed in a Civil Court is a valid plaint in spite of R. 15 of the General Rules (Civil). R.15 is not mandatory and a Court can validly accept a plaint not written in the Hindi language in Devanagri script.(Para 3 4 6) Admittedly R.15 was made, if at all, under the powers conferred by Art. 227(2)(b) of the Constitution. This rule, therefore, could not, under the proviso to Art. 227(2)(b) be inconsistent with any law for the time being in force.(Para 3) Section 122, C. P. C. gives a general power to the High Court to make rules relating to the procedure of the Civil Courts subject to its superintendence. This general power cannot be exercised in contravention of the specific powers conferred on the State Government by the Civil P. C. Under S. 137, C. P. C. the power to determine the language which is to be used in the subordinate courts is exclusively given to the State Government. In exercis....