MOHAMMED ABDUL WAHID Vs. NILOFER

JUDGEMENT

(1.) Leave Granted.

(2.) In adjudicating this appeal, the thought to be borne foremost in mind is that every trial is a search of truth. This purpose is succinctly captured in the following terms in American Jurisprudence, Second Edition, 2007:

(3.) In this search for truth, while placing these rules or in the case of our country, the Code, 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: