Hindu Law and Custom (Recht und Sitte) c10.67

c10.67

Only when both the parties or at least their representatives are present at the spot the procedure proper may begin, which according to the later authors, for the first time in Y., is divided into four parts, plaint, answer, trial and verdict. The written plaint or declaration (*bhāṣā*, *pratijñā*, *pakṣa*, *pūrvapakṣa*, *vāda*) is called the kernel (*sāra*) of the procedure and for this reason it is composed with particular care. The judge has the deposition of the complainant at first noted down on a writing board probably of black wood² then the fair copy is made on a sheet; or the plaint is written down on the floor and the whole procedure recorded in this way. The plaint may also be afterwards modified and improved so long as the answer is not tendered. The plaint which is obscure and self-contradictory and which is absurd, contrary to good custom or which contains any other defects shall be disallowed by the judge. The complainant shall come first to prove his case and his witnesses shall be heard at first; for this reason dispute about priority may easily arise between the two parties³ which is then decided not only according to priority of time but also according to the contents of plaints of both the sides or according to the castes of the parties. Both the parties must give sufficient security, otherwise the court servant takes them into custody and the object of dispute too may be taken care of by a Sādhyapāla (Nār. I, 2, 7—20; Quot. 2, 1—20; Bṛh. 3, 4—14; Y. 2, 10).