Hindu Administrative Institutions c10.s6.60

c10.s6.60

Mention has already been made of the appeal which a suitor could make to a higher tribunal, if in his opinion the judgment of the lower court was not impartial or reasonable. The legal procedure of the ancient Hindus also allowed retrial of cases. If it were proved by the retrial that the case had been enquired into with prejudice and partiality, and if the accused were found to be not guilty, in that case the king is empowered to punish the authorities of the lower court for their irresponsible conduct and take legal proceedings against the really guilty party.² If on the other hand a man who is legally defeated makes a fresh appeal, his suit could be dismissed with a penalty for his having unjustly resorted to the court a second time, and thus casting unfair reflection on the lower court.³