Kautilya's Arthashastra 3.1.35

3.1.35

abhiyoktā daṇḍaṃ dattvā karma kārayet //

If the plaintiff fails to prove his case, he shall (also) be guilty of parokta. If he fails to substantiate his case against a dead or diseased defendant, he shall pay a fine and perform the (funeral) ceremonies of the defendant, as determined by the witnesses. If he proves his case, he may be permitted to take possession of the property hypothecated to him.