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290
BRIHASPATI.
JII, 3.
3. In the case of a denial, (a judicial proceeding) consists of four parts; likewise, in the case of a special plea; the same rule applies to a plea of former judgment; but in the case of a confession, it has two parts only.
4. When plaintiff and defendant come together, each claiming to be first, their declarations should be received in the order of their castes, or after considering their respective grievances.
5. Those acquainted with (the true nature of) a plaint declare that to be a (proper) plaint, which is free from the defects of a declaration, susceptible of proof, provided with good arguments, precise, and reasonable,
6. Brief in words, rich in contents, unambiguous, free from confusion, devoid of improper arguments, and capable of meeting opposite arguments;
7. When a plaint of this description has been proffered by the plaintiff, the defendant should tender an answer conformable to such plaint.
3. Viram. p. 59.
4. Viram. p. 6o. When Brahmans and others have entered the judicial assembly simultaneously, the four parts of a judicial proceeding should be instituted in the order of their castes, the Brahman's cause being tried first of all by the king, then the Kshatriya's, and so on, in the order (of their castes). If the comparative importance or heaviness of the respective grievances of each party differs, the order in which the causes are tried is not made to depend either on the relative priority of each declaration, or on the respective caste of the parties. If they are all of equal caste, the relative priority of the declarations is taken into account. If the declarations have been simultaneous, and if the litigants are equal in caste, and their grievances are also equal, the order is made to depend on the choice of the judge and of the assessors of the court.' Víram.
5-7. Raghunandana, p. 12.
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 |