History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.216.4

v4.c63.216.4

by Par. M. III. 136, Mit. on Yāj. II. 24, Aparārka p. 690–691) prescribe that if no objection is raised for twenty years as regards a patent fault in a document of debt or pledge or of the settlement of boundaries, then the document ceases to be voidable. Kāt. 275 and Bṛ. (S. B. E. vol. 33 p. 302 v. 25) both quoted by Aparārka p. 671 and V. P. p. 122 require that the latent defects in documents or witnesses must be declared (pointed out) by the disputant at the (proper) time (i. e. when they are produced), while patent defects may be considered by the *sabhyas* at the time (of the consideration of the evidence) by reference to the rules of the śāstra. Yāj. II 93–94, Viṣṇu Dh. S. VI. 25–26⁴⁴⁸ prescribe that when a debtor pays part of a debt, the debtor should write on the back of the document how much he paid or the creditor may hand over to the debtor a writing of receipt signed or written by himself, particularly when the original document is not at hand, and when the whole debt is paid or the contract is fully performed the creditor should tear off the document or should execute another document in order to make clear the fact of satisfaction.