Hindu Law and Custom (Recht und Sitte) c10.129

c10.129

§ 53. *Verdict, execution and self-help.* The verdict (*nirṇaya*) has to be drawn up in writing and this "deed of victory” (*jayapattra*) which shall also contain the plaint, answer and the main points of the proceedings and furnished with the signatures of the king or the judges and with the royal seal, is to be handed over to the victorious party, so that reference may be made to it when necessary, e. g. on the occasion of the legal defence in the form of *prāṇnyāya*, “reference to a previous judgment.” Cf. § 35. Also the seized properties are on this occasion given over to this party along with the profits arising from them (Bṛh. 6, 1—4 ; 8, 19 ; Kāty. 7, 4—7¹ ; Nār. I, 1, 43 ; Quot. 1, 15). The judgment is null and a renewal of the procedure takes place if the given evidence or the judgment proves to be false, or if the procedure was conducted at night, or outside the proper place, or in the interior of the house, or if it was caused by the enemy, or if it was decided by the application of force or treachery, or if it was decided by incompetent men or without the hearing of the witnesses and the examination of other evidences, or if it was begun by some person incapable of doing the business or by a person who is not fit for it (Vi. 8, 40 ; Y. 2, 31 f. ; Nār. I, 1, 43 ; Quot. 1, 14; M. 8, 117). Under certain circumstances the discovery of a new evidence may cause the renewal of procedure, although an evidence which is not produced at the right time is not considered to be valid, just as rains falling after the corn is ripe are of no use (Nār. I, 1, 62 f.). About the appeal see §48.