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RULES OF PROCEDURE; EVIDENCE.
2I
a statement duly made by himself (at a former stage of the trial); or if he ends by admitting what had been previously negatived by himself;
61. Or if he is unable to produce any witnesses, after having declared that they are in existence and having been asked to produce them: by all such signs as these persons devoid of virtue may be known.
*62. When a lawsuit has been decided evidence becomes useless, unless a document or witnesses can be produced who or which had not been announced at a former stage of the trial.
* 63. As the (fertilizing) power of rain is thrown away on ripe grain, even so evidence becomes useless when the suit has been decided.
the Code of Manu.) He who, after having answered a question in the negative previously, makes an opposite statement afterwards.' The meaning is as follows: He is cast, if, having been interrogated by the judges, 'Can you adduce any witnesses or documents?' he replies at first by saying 'I have none,' and goes on to say 'I have witnesses and documents.' A. The reading seems faulty. See Manu.
61. If a man says he has documents or witnesses, and the judges, having heard this, say to him, 'If you have witnesses, show them,' i. e. exhibit them; if thereupon he does not adduce them, he loses his suit. A. Manu VIII, 57.
62. This wicked debtor owes me money. He declines to restore it, though I can prove his obligation to pay me by witnesses and documentary evidence. Therefore I must cite him before the tribunal of the king.' If the claimant says so and does not produce evidence at the time when he proffers his claim, but produces it afterwards, it does not make evidence. If, however, a statement of this kind had been previously made, and the claimant, owing to some unfortunate accident, or to forgetfulness, &c., has merely failed to repeat it at the third stage of the trial (i. e. during the judicial inquiry), it may be renewed, and shall be examined by the judges, although the case had already been decided, and sureties been given and taken. A. Yagnavalkya II, 20.
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