Role Of The Judge In The Search For Truth
In this search for truth, while placing the Code (cpc), in highest regard, on the role of a judge, we may benefit from Lord Denning's observations in Jones v. National Coal Board 1957 2 QB 55 where his Lordship remarked:
“The Judge's part in all this is to hearken to the evidence, only himself asking questions of witnesses when it is necessary to clear up any point that has been overlooked or left obscure; to see that the advocates behave themselves seemly and keep to the rules laid down by law, to exclude irrelevancies and discourage reputation, to make sure by wise intervention that he follows, the points that the advocates are making and asses their oral, and at the end to make up his mind where the truth lies. If he goes beyond this he drops the mental of a judge and assumes the robe of an advocate, and the change does not become his well”.
