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I, 147
DEBTS; DOCUMENTS.
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meant for a different purpose, it has to be examined, in case its genuineness should be suspected, by inquiring into the connexion (previously existing between the two parties) and into the (probability of) title, and by resorting to reasonable inference.
145. An (obligation which has been stated in) writing can only be annulled by (another) writing, and an attested bond by witnesses. A writing is superior to witnesses; witnesses are not superior to a writing.
* 146. If a document is split, or torn, or stolen, or effaced, or lost, or badly written, another document has to be executed. This is the rule regarding documents.
11. Witnesses. * 147. In doubtful cases, when two parties are quarrelling with one another, the truth has to be
Âgama, 'a title,' may be founded on inheritance, purchase, mortgaging, seizure, friendship, and acquisition. Hetu, reasonable inference,' may be founded on reasoning and an efficient cause. A. For other explanations of the terms agama and hetu in an analogous passage of Yagñavalkya (II, 92), see the Mitåkshara. The Mayakha agrees with Kalyanabhatta.
145. If the debtor states that he has paid the debt, he must be able to produce an acquittance in the creditor's handwriting. In the same way, if the creditor pleads that the bond has been stolen, or lost, or burnt, &c., he must produce a certificate from the debtor stating its loss. Where, however, the bond was attested by subscribing witnesses, the debt has to be discharged in the presence of the same witnesses. A.
146. Where a document has met with any one out of the divers accidents mentioned in this paragraph, the party by whom it was executed may be compelled to give another document instead of it. Yågñavalkya II, 91. Here ends the chapter on documents, the eighth section of the law of debt. A.
147. When the plaintiff and defendant in a lawsuit quarrel
Digitized by Google
| SR No. | 007685 |
| Book Title | Grihya Sutras |
| Original Sutra Author | N/A |
| Author | Hermann Oldenberg |
| Publisher | Oxford |
| Publication Year | 1886 |
| Total Pages | 2642 |
| Language | English |
| Classification | Book_English |
| File Size | 49 MB |