Judge's power to put questions or order production
AI Assist
Summary
Judge may at any time put questions to any witness or party and order production of documents or things to discover relevant facts. Parties or their lawyers cannot object to those questions, nor cross-examine on answers without the court's leave. The judge still cannot force answers or production where the witness has a legal right to refuse, ask improper questions, or base judgment on unproved matters.
Example
Rohan sues his neighbour over unpaid rent for a shop. The Judge asks a shopkeeper witness for old rent receipts and orders them produced; neither party can object and the witness cannot be cross-examined on that answer without leave. If the witness has a legal right to refuse or the original document is strictly required, the Judge cannot compel production.
Bare Act
Enacted textThe Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production of any document or thing; and neither the parties nor their representatives shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:
Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly proved:
Provided further that this section shall not authorise any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 127 to 136, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 151 or 152; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.
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