History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.183.4

v4.c63.183.4

(163) state that a defendant cannot⁴²⁶ raise a counter-claim (*pratyabhiyoga*) as long as he has not met the attack of the plaintiff, nor should another plaintiff attack a person who is a defendant in a suit already filed, except in the case of abuse and assault, *sāhasa* (death or grievous hurt by a weapon &c.), theft or in a very urgent matter, or in disputes among members of caravans or guilds or in charges of adultery, Yāj. II. 29, Nār. IV. 93, Śukra IV. 5. 120 say that when a litigant dies while a suit is pending, his son (or other representative) who takes his estate should carry on the litigation or be liable for the claim and the son cannot add his own enjoyment (to make up three generations &c. as required for possession ripening into ownership ).⁴²⁷