“Judges Have a Paramount Duty to Seek Truth: Advocates Liberal Use of Interrogatories”
In a groundbreaking judgment delivered on August 31, 2023, a Bench comprising of Justices R. Mahadevan and Mohammed Shaffiq emphasized the paramount duty of judges to actively seek the truth in civil cases. The verdict underscores the significance of ascertaining facts and ensuring the veracity of pleadings and documents in the pursuit of justice. The Court’s ruling is expected to revolutionize the approach to the use of interrogatories in civil procedure.
The case in question arose from allegations made by a prominent News Channel against a cricketer of international repute. The News Channel had broadcasted news reports accusing the cricketer of being involved in illegal activities, such as betting, match-fixing, and spot-fixing. The cricketer, who had represented the country at the highest levels of international cricket, sought to address these allegations through legal means.
The Court observed that when allegations are made against individuals of such stature, news media outlets must exercise caution and ensure that the truth is properly ascertained before broadcasting such reports. The need to discern the truth in such cases is of paramount importance.
The judgment highlights the purpose of interrogatories as formal written questions aimed at disclosing cases, ascertaining truth, and expediting the litigation process. The Court emphasized the need to avoid false or exaggerated claims and defenses, encouraging the liberal use of interrogatories for the efficient resolution of cases.
“The foundation of justice is truth,” the Court stated, reinforcing the notion that the judicial system was established to discern and establish the real truth. The judgment emphasizes the need for parties to diligently investigate and ensure the authenticity of pleadings and documents presented before the court.
Furthermore, the Court invoked the principles of Order XI Rule 7 of the Civil Procedure Code, which permits the striking out of unreasonable, vexatious, or unnecessary interrogatories. This rule was applied to the case to reject the appellant’s objections to the interrogatories served upon them.
Legal experts have welcomed the judgment for its potential to significantly reduce litigation time and expenses by actively promoting truth-seeking and honest disclosure. This landmark decision serves as a clarion call for judges and legal practitioners to actively participate in the search for truth, ensuring the highest standards of justice delivery.
The verdict is anticipated to set a precedent for future cases and usher in a new era of truth-centric litigation in the Indian legal system.
Date of Decision: 31st August 2023
Zee Media Corporation Limited vs .Mahendra Singh Dhoni
