History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s25.19

v1.c6.s25.19

Kātyāyana contains the same advanced views about law and rules of procedure as are found in Nārada and Bṛhaspati. He is even in advance of these two writers in certain matters, such as definitions in general and the elaboration of rules about strīdhana. He gives numerous definitions, such as those of vyavahāra, prāḍvivāka, stobhaka, dharmādhikaraṇa, tīrita and anuśiṣṭa, sāmanta &c. He seems to have been the first to invent some new terms. For example, he defines paścātkāra as a judgment given in favour of the plaintiff after a hot contest between the plaintiff and the defendant, while the term *jayapatra* is restricted by him to the judgment given on admission by the defendant or a judgment dismissing the suit on various grounds.⁴⁰⁵ He lays down a stringent rule that if a man abandons a ground of defence or attack and puts forward a less cogent one, he would not be allowed to put forward again the stronger ground after a decisive judgment of the court.⁴⁰⁶ This resembles the 4th explanation to section 11 of the Indian Civil Procedure Code (1908) about *res judicata*. The verses about kārṣāpaṇa and dīnāra quoted above (note 368) from Nārada (pariśiṣṭa verses 58-60) are ascribed to Kātyāyana by the Smṛticandrikā.