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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.342

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.342

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v4.c63.342

Nār. (IV. 235-236) states that when through⁵³⁸ the carelessness of the creditor (who dies) there is no document nor witness to prove a debt and the defendant denies it, then one of three methods (of proof) may be resorted to, viz. *codanā pratīkūlam* (dunning the debtor each time to repay), *yuktileśa* (putting forth arguments) and *śapatha* (special oaths and ordeals)538a. Kāt. (233 q. by Sm. C. II. p. 52 and Par. M. III. 91) has a similar verse. *Yukti* according to Nārada IV. 238 means⁵³⁹ 'the creditor should follow (the debtor) by arguments and by himself remembering and by reminding the debtor of the time, the place, the relation (subsisting between the two)'. Others interpret *yukti* differently, that is, it means 'logical reasoning'. Kāt. (214) defines⁵⁴⁰ 'yukti' as 'the ascertainment or knowledge of a *liṅga*' (i. e. a sign that leads on to an inference).

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