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The Code of Civil Procedure, 1908: page 81
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(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said
sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had
not been released under the provisions of sub-section (1).]
136. Procedure where person to be arrested or property to be attached is outside district.—(1)
Where an application is made that any person shall be arrested or that any property shall be attached
under any provision of this Code not relating to the execution of decrees, and such person resides or such
property is situate outside the local limits of the jurisdiction of the Court to which the application is made,
the Court may, in its discretion, issue a warrant of arrest of make an order of attachment, and send to the
District Court within the local limits of whose jurisdiction such person or property resides or is situate a
copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be
made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or
made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by which
the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he
should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before
the later Court or for satisfying any decree that may be passed against him by that Court, in either of
which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within the
local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in
Bengal or at Madras or at Bombay, 1*** the copy of the warrant of arrest or of the order of attachment,
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and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of Small
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Causes of Calcutta, Madras 2[or Bombay], as the case may be, and that Court, on receipt of the copy and
amount, shall proceed as if it were the District Court.
137. Language of subordinate Courts.—(1) The language which, on the commencement of this
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Code, is the language of any Court subordinate to a High Court shall continue to be the language of such
subordinate Court until the State Government otherwise directs.
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(2) The State Government may declare what shall be the language of any such Court and in what
character applications to and proceedings in such Courts shall be written.
In
(3) Where this Court requires or allows anything other that the recording of evidence to be done in
writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted
with English a translation into the language of the Court shall, at his request, be supplied to him; and the
Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.
STATE AMENDMENT
Rajasthan
Amendment of section 137, Central Act V of 1908.-In section 137 of the Code of Civil Procedure, 1908
(Central Act V of 1908), in its application to the State of Rajasthan, for sub-section (3), the following sub-section
shall be substituted, namely:-
"(3) Wherever this Code requires or allows anything other than the recording of evidence to be
done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the interna-
tional form of Indian numerals :
Provided that the court may in its discretion accept such writing in English on the undertaking of
the party filing such writing, to file a Hindi translation of the same, within such time as may be
granted by the court and the opposite party shall have a right to have a copy of such writing in Hindi."
[Vide Rajasthan Act 7 of 1983, s. 2]
3
[138. Power of High Court to require evidence to be recorded in English.—(1) The 4[High
Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the
notification, or falling under a description set forth therein, that evidence in cases in which an appeal is
allowed shall be taken down by him in the English language and in manner prescribed.
(2) Where a Judge is prevented by any sufficient reason from complying with a direction under
sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his
dictation in open Court.
1. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937.
2. Subs. by the A.O. 1937, for “Bombay or Rangoon”.
3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941),
s. 2.
4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”.
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