Jaina Law Bhadrabahu Samhita

Author(s): J L Jaini
Publisher: ZZZ Unknown

Page 89

APPENDIX B.
73
by Jaina Low, there thog had it and prored it. That the Jnina Laats tras the same for all Jainns ; that under the Jaina Lor, a Jnina childless ridon could validly till away all her husband's property, solf-acquired or ancestral ; that the evidence adduced by them was enough to prore this custom ; that the Jaion Lit Books citec tore binding authorities and proved all their contentions. The defendants referred me to, and filed before me, tro cascs :
(1) Original ciril snit, No. :3 of 1309 Fasli, in Sadar
Conrt. (2) Ciril Regular Appeal, Vo. 98 of 1877, before the
Cominissioner of Jabalpur. This part of my judgmont I proposo to devote to the following points, in their serinl orelor :
(1) Jaina Lar. (2) Customary Lov in geucinl. (3) The Custom or unngo in this particular caso.
Under this licadipg I shall consider the plaintiff's objections to the defendant's cridence, as giren
abore. 1. Jaina Luv :-The learned counsel for the plaintiff referred to Civil Regular Appeal No. 3 of 1012 of this Court. The case was ono of adoption. The parties werc Portad Jainas. The suit Tas dismissed as premature. But thero tras an obiter dictum that the Jninas were gorerned by Hindu Lat. I agree with this contention of the plaintiff. The Jainas are governed by Hindu Law in the absence of proof of Special Law or Cualom. Now, in cvery Jaina caso, one of the parties stands to lose his cause if the Jaina Law is applied to him. Therefore, sell-interest dictatos to him tho policy of taking the line of least resistance. That line is to plead that Bindu Law and that alone gorerns all Jainas and him. If his adversary is not rich and active cough to undertako all the troubles and