History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.20.1

v4.c63.20.1

The definition of *vyavahārapada* in Yāj. II. 5 (= Śukra IV. 5. 68) viz. 'if a person informs or complains to the king' (*āvedayati ced rājñe*) conveys that vyavahārapada means and includes only those disputes that are started or brought before the Court at the instance of the parties. Manu VIII. 43 prescribes that neither the king nor his officers should start a dispute (i. e. a legal proceeding ), nor should he sit silent upon (hush up) a matter which has been brought before him by another (i. e. by a party). Gaut. XIII. 27 lays down that a party should humbly approach a judge with his complaint. Kātyāyana (27) states: 'The king³³⁰ should not, through influence or through greed of money, take upon himself the disputes of men, when they do not themselves want to contend (in a court)'. Mānasollāsa II. 20 verse 1274 and Śukra IV. 5. 69 say the same. There must have always been several matters, of which nobody might complain and which the king might have to look into *suo motu*. Manu after dealing with the 18 vyavahārapadas (in VIII. 1 to IX. 251) requires the king (in IX. 252-253) to make efforts to destroy kaṇṭakas (thorns, harmful persons) and dilates upon many aspects of his activities in this respect. Nārada relegates all matters in which the king took action *suo motu* to a separate topic, prakīrṇaka, about which he says 'under prakīrṇaka are comprised lawsuits depending on the king (i. e.