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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
167. When a member of a court of justice, actuated by wrath, ignorance, or covetousness, has passed an 64. YAg#avalkya II, 19. 65. A lawsuit is ‘decided’ at the time when the judges, after having come to a unanimous agreement about the verdict to be passed on the plaintiff and defendant, give them a written record of their respective victory and defeat. The ‘punishment has been declared” when the judges, after passing the verdict, dictate a certain punishment, in accordance with the comparative heaviness or lightness of the offence committed. In both cases, if a man considers himself to have lost his cause through an unjust sentence, he may have the cause tried anew, if he pledges himself to pay twice the amount of the fine to the king’s judge. A. Y4gfiavalkya II, 305. 66. ‘Where an unjust sentence has been passed, the blame attaches to the assessors of the court. Therefore they have to pay that fine.” A. Y4Agavalkya II, 4. 67. ‘Wrath’ is when he bears him an old grudge. ‘Ignorance’ means folly. That is done ‘through covetousness’ which is done in consideration of a bribe. ‘He who passes an unjust sentence,’ i.e. who says what is opposed to justice. Such an assessor has to be considered as ‘no assessor of the court,’ i.e. he is unworthy to sit in the court. A. RULES OF PROCEDURE. 23 unjust sentence, he shall be declared unworthy to be a member of the court, and the king shall punish him for his offence. * 68. That king, however, who is intent on doing his duty, must be particularly anxious to discover what is right and what is wrong, because there is a variety of dispositions among mankind. 69. There are some who give false evidence from covetousness. There are other villainous wretches who resort to forging documentary evidence. 70. Therefore both (sorts of evidence) must be tested by the king with great care: documents, according to the rules regarding writings; witnesses, according to the law of witnesses. * 71, Liars may have the appearance of veracious men, and veracious men may resemble liars. There are many different characters. Therefore it is necessary to examine (everything). * 72. The firmament has the appearance of a flat surface, and the fire-fly looks like fire. Yet there is no surface to the sky, nor fire in the fire-fly. * 73. Therefore it is proper to investigate a matter, even though it should have happened before one’s own eyes. One who does not deliver his opinion till he has investigated the matter will not violate justice. 68. The two following paragraphs show what is meant by ‘the diversity of men’s minds.’ A. 72. As the sky has the appearance of a level plain like the earth, yet there is nothing like earth about it; and as there is no fire in the fire-fly, although it sparks like fire; even so the utterances of men are often untrue, though they may have the appearance of true statements. Therefore it is necessary to examine strictly even what a man professes to have seen with his own eyes. A. 24 NARADA.
2Therefore it is necessary to examine strictly even what a man professes to have seen with his own eyes. A. 24 NARADA. * 74. Thus a king, constantly trying lawsuits with attention, will acquire widespread and brilliant renown in this life and the abode of Indra after his death. II. Tue Puarnt. 1. The claimant, after having produced a pledge the value of which has been well ascertained, shall cause the plaint to be written. (He must have been impelled) to proffer his claim, by the nature of the claim, and must be intent on promoting the victory of his cause. * 2, The defendant (creditor), immediately after having become acquainted with the tenour of the plaint, shall write down his answer, which must correspond to the tenour of the plaint. ~ * 3, Or let him (the defendant) deliver his answer on the next day, or three days, or seven days later. II, 1. The term suniskitabaladh4nas, which has been taken to mean ‘after having produced a pledge the value (or competence) of which has been well ascertained,’ is by no means clear, and admits of several different interpretations. Thus it might be rendered, ‘after having carefully explored the nature of the wrong offered to him.’ A. does not explain this obscure term ‘ Impelled by the nature of his claim;’ not by the king, or by an enemy, but merely by his own cause. ‘Intent on promoting the victory of his cause,’ i.e. absolutely determined not to embark in any other undertaking, previous to having gained his cause. A. 2. The creditor is called plaintiff. The debtor is called defendant. The defendant, after having heard the tenour of the plaint which has been tendered in writing by the plaintiff, shall write an answer, i.e. make a reply, which corresponds to the tenour of the plaint. A. Read pratyarthi in the text. 3. The defendant may tender his written answer on the next day, or three days, or seven days after he has heard the accusation. The plaintiff, on the other hand, is not allowed any time to reply to the statements of the defendant. His victory (or defeat) is PLAINT AND ANSWER. 25 The plaintiff no doubt duly obtains his victory at once, when the trial has reached the third stage (the examination of the evidence). * 4, An answer is fourfold ; a denial, a confession, a special plea, and that which is based on a plea of former judgment. *5. A denial is fourfold (being couched in any one out of the four forms hereafter mentioned). ‘This is false,’ or ‘I do not know anything about it,’ or ‘I was not present at the transaction,’ or ‘1 was not in existence at the time when this event took place.’ 6. A contradiction, the reverse, a retort, and a friendly counsel; in one out of these four forms should the answer be given, and it should be in conformity with the tenour of the plaint. * 7, Before the answer to the plaint has been tendered by the defendant, the plaintiff may amend his own statements as much as he desires.
3* 7, Before the answer to the plaint has been tendered by the defendant, the plaintiff may amend his own statements as much as he desires. decided at once, by examining the proofs that have been adduced. A. YAg#avalkya II, 7. 4. A-special plea is when the defendant admits a fact, but qualifies or explains it so as not to allow it to be matter of accusation. A plea of former judgment is when the defendant pleads that the very same cause has been previously tried at the tribunal of this or that judge, and that his adversary has been cast. A. 6. This paragraph, says A., occurs in the original work, and has therefore been inserted in this place, though it is difficult of explanation and a mere paraphrase of the preceding paragraph. It has been rendered in accordance with his interpretation. ‘The reverse’ means confession. ‘A retort’ means a special plea. ‘A friendly counsel’ means plea of former judgment. A. 7. The plaintiff may go on altering and improving his written declaration, till the defendant gives in his answer. When, however, the plaint has been answered, he is no longer at liberty to make any further amendments. A. 26 NARADA. * 8. These are called the defects of a plaint: (1) if it relates to a different subject ; (2) if it is unmeaning ; (3) if the amount (of the sum claimed) has not been properly stated; (4) if it is wanting in propriety ; (5) if the writing is deficient ; (6) or redundant; (7) if it has been damaged. 9. By whomsoever a claim is raised, whatever and from whomsoever it may have been claimed: from that very person must the claimant receive that very thing, and it must not be (claimed) mutually, or (claimed) from a stranger. Thus ‘a claim relating to a different subject’ may be of three kinds. 10, Thy friend here has thought in his mind, that Iam his enemy. On account of this great intolerance I have impeached thee here. 11. If he omits to state the amount of the thing (claimed), and forgets to aim at brevity(?): this fault of a plaint is called omission of the amount (claimed), and it should be avoided. 12, Let him avoid improper statements in the plaint (e.g. an accusation which is raised) by a plurality of persons against one single-handed; or 8. A. does not explain the rather obscure terms occurring in several of the following paragraphs. He confines himself to stating that they contain an accurate definition of the ‘seven defects of a plaint,’ as enumerated in paragraph 8, to which the defect described in paragraphs 15, 16 has to be added as an eighth. g. The three kinds of ‘a claim relating to a different subject’ appear, therefore, to be these: where it proceeds from a different person than the creditor; where the amount of the sum claimed has not been stated correctly; and where the plaint has been addressed to a wrong person. 10. This is an instance of an unmeaning or frivolous accusation, A. ; 11. The reading of this paragraph is uncertain. THE PLAINT. 27
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
167. When a member of a court of justice, actuated by wrath, ignorance, or covetousness, has passed an 64. YAg#avalkya II, 19. 65. A lawsuit is ‘decided’ at the time when the judges, after having come to a unanimous agreement about the verdict to be passed on the plaintiff and defendant, give them a written record of their respective victory and defeat. The ‘punishment has been declared” when the judges, after passing the verdict, dictate a certain punishment, in accordance with the comparative heaviness or lightness of the offence committed. In both cases, if a man considers himself to have lost his cause through an unjust sentence, he may have the cause tried anew, if he pledges himself to pay twice the amount of the fine to the king’s judge. A. Y4gfiavalkya II, 305. 66. ‘Where an unjust sentence has been passed, the blame attaches to the assessors of the court. Therefore they have to pay that fine.” A. Y4Agavalkya II, 4. 67. ‘Wrath’ is when he bears him an old grudge. ‘Ignorance’ means folly. That is done ‘through covetousness’ which is done in consideration of a bribe. ‘He who passes an unjust sentence,’ i.e. who says what is opposed to justice. Such an assessor has to be considered as ‘no assessor of the court,’ i.e. he is unworthy to sit in the court. A. RULES OF PROCEDURE. 23 unjust sentence, he shall be declared unworthy to be a member of the court, and the king shall punish him for his offence. * 68. That king, however, who is intent on doing his duty, must be particularly anxious to discover what is right and what is wrong, because there is a variety of dispositions among mankind. 69. There are some who give false evidence from covetousness. There are other villainous wretches who resort to forging documentary evidence. 70. Therefore both (sorts of evidence) must be tested by the king with great care: documents, according to the rules regarding writings; witnesses, according to the law of witnesses. * 71, Liars may have the appearance of veracious men, and veracious men may resemble liars. There are many different characters. Therefore it is necessary to examine (everything). * 72. The firmament has the appearance of a flat surface, and the fire-fly looks like fire. Yet there is no surface to the sky, nor fire in the fire-fly. * 73. Therefore it is proper to investigate a matter, even though it should have happened before one’s own eyes. One who does not deliver his opinion till he has investigated the matter will not violate justice. 68. The two following paragraphs show what is meant by ‘the diversity of men’s minds.’ A. 72. As the sky has the appearance of a level plain like the earth, yet there is nothing like earth about it; and as there is no fire in the fire-fly, although it sparks like fire; even so the utterances of men are often untrue, though they may have the appearance of true statements. Therefore it is necessary to examine strictly even what a man professes to have seen with his own eyes. A. 24 NARADA.
2Therefore it is necessary to examine strictly even what a man professes to have seen with his own eyes. A. 24 NARADA. * 74. Thus a king, constantly trying lawsuits with attention, will acquire widespread and brilliant renown in this life and the abode of Indra after his death. II. Tue Puarnt. 1. The claimant, after having produced a pledge the value of which has been well ascertained, shall cause the plaint to be written. (He must have been impelled) to proffer his claim, by the nature of the claim, and must be intent on promoting the victory of his cause. * 2, The defendant (creditor), immediately after having become acquainted with the tenour of the plaint, shall write down his answer, which must correspond to the tenour of the plaint. ~ * 3, Or let him (the defendant) deliver his answer on the next day, or three days, or seven days later. II, 1. The term suniskitabaladh4nas, which has been taken to mean ‘after having produced a pledge the value (or competence) of which has been well ascertained,’ is by no means clear, and admits of several different interpretations. Thus it might be rendered, ‘after having carefully explored the nature of the wrong offered to him.’ A. does not explain this obscure term ‘ Impelled by the nature of his claim;’ not by the king, or by an enemy, but merely by his own cause. ‘Intent on promoting the victory of his cause,’ i.e. absolutely determined not to embark in any other undertaking, previous to having gained his cause. A. 2. The creditor is called plaintiff. The debtor is called defendant. The defendant, after having heard the tenour of the plaint which has been tendered in writing by the plaintiff, shall write an answer, i.e. make a reply, which corresponds to the tenour of the plaint. A. Read pratyarthi in the text. 3. The defendant may tender his written answer on the next day, or three days, or seven days after he has heard the accusation. The plaintiff, on the other hand, is not allowed any time to reply to the statements of the defendant. His victory (or defeat) is PLAINT AND ANSWER. 25 The plaintiff no doubt duly obtains his victory at once, when the trial has reached the third stage (the examination of the evidence). * 4, An answer is fourfold ; a denial, a confession, a special plea, and that which is based on a plea of former judgment. *5. A denial is fourfold (being couched in any one out of the four forms hereafter mentioned). ‘This is false,’ or ‘I do not know anything about it,’ or ‘I was not present at the transaction,’ or ‘1 was not in existence at the time when this event took place.’ 6. A contradiction, the reverse, a retort, and a friendly counsel; in one out of these four forms should the answer be given, and it should be in conformity with the tenour of the plaint. * 7, Before the answer to the plaint has been tendered by the defendant, the plaintiff may amend his own statements as much as he desires.
3* 7, Before the answer to the plaint has been tendered by the defendant, the plaintiff may amend his own statements as much as he desires. decided at once, by examining the proofs that have been adduced. A. YAg#avalkya II, 7. 4. A-special plea is when the defendant admits a fact, but qualifies or explains it so as not to allow it to be matter of accusation. A plea of former judgment is when the defendant pleads that the very same cause has been previously tried at the tribunal of this or that judge, and that his adversary has been cast. A. 6. This paragraph, says A., occurs in the original work, and has therefore been inserted in this place, though it is difficult of explanation and a mere paraphrase of the preceding paragraph. It has been rendered in accordance with his interpretation. ‘The reverse’ means confession. ‘A retort’ means a special plea. ‘A friendly counsel’ means plea of former judgment. A. 7. The plaintiff may go on altering and improving his written declaration, till the defendant gives in his answer. When, however, the plaint has been answered, he is no longer at liberty to make any further amendments. A. 26 NARADA. * 8. These are called the defects of a plaint: (1) if it relates to a different subject ; (2) if it is unmeaning ; (3) if the amount (of the sum claimed) has not been properly stated; (4) if it is wanting in propriety ; (5) if the writing is deficient ; (6) or redundant; (7) if it has been damaged. 9. By whomsoever a claim is raised, whatever and from whomsoever it may have been claimed: from that very person must the claimant receive that very thing, and it must not be (claimed) mutually, or (claimed) from a stranger. Thus ‘a claim relating to a different subject’ may be of three kinds. 10, Thy friend here has thought in his mind, that Iam his enemy. On account of this great intolerance I have impeached thee here. 11. If he omits to state the amount of the thing (claimed), and forgets to aim at brevity(?): this fault of a plaint is called omission of the amount (claimed), and it should be avoided. 12, Let him avoid improper statements in the plaint (e.g. an accusation which is raised) by a plurality of persons against one single-handed; or 8. A. does not explain the rather obscure terms occurring in several of the following paragraphs. He confines himself to stating that they contain an accurate definition of the ‘seven defects of a plaint,’ as enumerated in paragraph 8, to which the defect described in paragraphs 15, 16 has to be added as an eighth. g. The three kinds of ‘a claim relating to a different subject’ appear, therefore, to be these: where it proceeds from a different person than the creditor; where the amount of the sum claimed has not been stated correctly; and where the plaint has been addressed to a wrong person. 10. This is an instance of an unmeaning or frivolous accusation, A. ; 11. The reading of this paragraph is uncertain. THE PLAINT. 27
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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