History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.133

v4.c63.133

Manu (VIII. 23) prescribes that the king fully dressed and with an undisturbed mind, after taking his seat in the Hall of Justice, should perform obeisance to the gods, the guardians of the (eight) quarters (Indra and others, as specified in Manu VII. 4) and should then commence the work of looking into the legal business. The transaction of legal business has four stages (from the king's or judge's point of view) viz. first receiving information from a person, then finding out under what title of law (vyavahārapada) the information falls, then consideration of the pleadings of the parties and the evidence led by them and lastly the decision.³⁸⁶ When a litigant comes before the court at a proper time (i. e. when the court is sitting) and makes his bow, he (the king or judge) should³⁸⁷ address him as follows :—"What is your business? What is the injury done to you? Don't be afraid, speak out, man! By whom, when, where and why (was the injury caused)? When thus asked whatever he replies should be considered by (the judge) with the sabhyas and brāhmaṇas and if the matter be legally entertainable he (the judge) should deliver the seal (sealed order) to the plaintiff or order the bailiff to summon (the defendant)". These observations are made by Kāt. (86-88). Whatever a man, being excited by one of the emotions of love (or anger or greed), says before the court, should be first written down on a board or the like by the scribe (Nār.³⁸⁸ II. 18).