Judicial questioning powers enable fact discovery while preserving witness protections, relevance requirements, and primary evidence safeguards. Section 165 empowers the Judge to question witnesses or parties at any stage and order production of documents or things to obtain proper proof. Parties ... Summary
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Judicial questioning powers enable fact discovery while preserving witness protections, relevance requirements, and primary evidence safeguards.
Section 165 empowers the Judge to question witnesses or parties at any stage and order production of documents or things to obtain proper proof. Parties cannot object to such questioning or orders and require the Court's permission to cross-examine on answers elicited. The power is limited by the requirement that judgment rest on legally relevant and duly proved facts, preservation of witness protections against compelled disclosure, restrictions on improper questions, and the continued requirement of primary documentary evidence except where legally permitted.
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