Book Title: Jaina Political Thought
Author(s): G C Pandey
Publisher: Prakrit Bharti Academy

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Page 110
________________ evidence of association with dubious persons or from the ascertaining of signs. This simply follows Narada. If a person does not wish to act with justice or wishes to act unjustly, he is sure to go to hell. This follows Katyayana. The forms of vyavahara are categorized in the traditional list of eighteen subjects of dispute viz., non-repayment of debt, join venture in business, gift, inheritance, demarcation of boundaries, wages, recission of sale or purchase, relation between master and servant, deposits, unauthorized sale of real estate, injury by speech, transgression of contract, adultery, gambling, theft, forcible seizure, physical injury, relation of man and wife. This list of the eighteen vyayahara-padas is the same as in Manu and Yajnavalkya. These different heads get diversified by the fact that the parties to the dispute may be single or multiple. The decisions on the disputes have eight stages. The first is that of a report lodged by acomplainant which claims a difinite relief. The second is the reply of the defendant. The third is the hearing of the claim and counter-claim by the judge. The fourth is framing of an issue by the judge. The fifth is the marshalling of arguments. The sixth is delibration or consultation. The seventh is the consideration of the force of the deposition of witnesses. The eighth is the judgement which the king delivers after hearing the full written account and taking the concurrence of the counsellors and the members of the court. The judicial officer finally reads out the judgement and institutes necessary proceedings. If hearing and framing of issues are clubbed together, the reading out of the judgement would be the eighth step. In Yajnavalkya, one may recall that only four steps of judicial process are mentioned, which are the plaint, the reply, arguments and the decision. Here they have been elaborated into eight, which is evidence of increasing formalisation. The first step involves the drawing up of a complaint in a formal manner, where relevant details were to be incorporated in accordance with a proforma which was different for cases invloving real estate. The complaint was to be stamped by the royal seal. Complaints were to be dismissed if they were trivial, impossible, contradictory, fruitless, meaningless, or unobjectionable. An example of the last is that one may manage one's work by illumination in a neighbour's house. Similarly, the complaint must be limited to a single subject, although mixed complaints may be entertained if they are made by people coming from a different place. After the recording of the complaint, summons should be issued under proper seal but old people, children, those who are disabled or ill, or engaged in official work, or otherwise engaged in some unavoidable duty should not be summoned. Where possible those summoned may be 97

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