Vinaya Texts

SR No.: 007684
Original Sutra Author: N/A
Author: T W Rhys Davids, Hermann Oldenberg
Publisher: Oxford
Publication Year: 1881
Total Pages: 2523
Language: English
Classification: Book_English
File Size: 47 MB

Page 2164

VIII, 57.
CIVIL AND CRIMINAL LAW; DEBTS.
to the creditor and a small fine according to his circumstances.
52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence.
53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statements (are) confused or contradictory;
54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it;
55. Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court);
56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit.
57. Him also who says 'I have witnesses,' and,
52. Instead of desyam,'(a witness) who was present (when the loan was made,' K., Rågh., Kull.), Medh., Gov., När., and Nand. read desam,'(must point out) the place.'
53-56. Yâgñ. II, 16.
53. Medh., Gov., Nâr., and Nand. read apadesam,' a wrong or impossible place,' instead of adesyam, 'a witness not present.' Kull. reads according to the editions, adesyam,' but his explanation agrees with the other reading
54. Pranihitam, duly stated (by himself);' (Kull., Nand.), i.e.‘in the plaint' (Gov.), means according to Râgh. and Nâr. 'duly ascertained.'
56. Who does not know what is the first (point) and what is the second,' i.e. what is the proof and what the matter to be proved' (Kull., Rågb.), or what ought to be said first and what later' (Nar., Nand.).
Digitized by
Digitized by Google