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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.153

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.153

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v4.c63.153

When the defendant comes before the court, the information at first given by the plaintiff is to be written down accurately in his presence together with the year, month, fortnight, day, names (of parties), caste &c. (Yāj. II. 6). When the aggrieved party first comes to the court, all that is taken down is the matter in dispute (i. e. the draft of the plaint); when the defendant comes, the plaint is written down with all details (including the grievance as stated in the beginning).³⁹⁹ The plaint is called by various names in Sanskrit viz. *pakṣa*, *bhāṣā*, *pratijñā* (Mit. on Yāj. II. 6). Sometimes the word '*pūrvapakṣa*' is used for pakṣa (as in Kāt. 131, Nār. II. 1). *Vādin* and *prativādin* generally mean the plaintiff and the defendant, though *vādin* sometimes means 'a litigant' (either the plaintiff or defendant). '*Arthin*' (one who seeks the assistance of the court) and *abhiyoktṛ* (attacker) are synonyms of *vādin*, and *pratyarthin* and *abhiyukta* (attacked) are synonyms of *prativādin*. Kāt.

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