Judge’s power to put questions or order production
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Summary
Judge may question any witness or party, in any form and at any time, and can order production of documents or things to discover or prove facts. Parties and their agents cannot object to such questions or cross-examine on answers without the court's leave. The judge cannot compel privileged answers or documents, must avoid questions forbidden by other rules, and must base judgment only on relevant proved facts.
Example
Priya sues a shopkeeper for selling faulty goods. At trial the judge asks the shopkeeper to produce delivery records and questions his clerk. Neither party can object to those questions or cross-examine the clerk on the judge's questions without the court's leave. If the records are protected by privilege the judge cannot force them, and the decision must rest only on relevant proved facts.
Bare Act
Enacted textThe Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents 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 Act to be relevant, and duly proved;
Provided also that this section shall not authorize 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 121 to 131, both inclusive, if the questions were asked or the documents 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 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases herein-before excepted.
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