History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.429

v4.c63.429

The last (i. e. 4th) stage in a judicial proceeding is *siddhi* (Yāj. II. 8) or *nirṇaya* (decision). If *pratyākalita* (as defined above on p. 298) is regarded as a *pāda* of *vyavahāra* (and since all are agreed that there are only four pādas) then the decision is not a *pāda* of a lawsuit but is the fruit thereof (V. P. p. 86). When the evidence has been led, the king (or chief justice) should with the help of the *sabhyas* decide upon the success or failure of the plaintiff⁵⁹⁴. Nār. II. 42 says that the sabhyas should ask the parties to leave the court when they are considering their verdict or what decision was to be pronounced⁵⁹⁵. It is stated by Vyāsa and Śukra IV. 5. 271 that the decision of a case is based on eight sources⁵⁹⁶ (6 acc. to Śukra) viz. the three *pramāṇas* (possession, documents and witnesses), logical inference, the usages of the country, śapathas (oaths and ordeals), the king's edict and the admission of the litigants. Pitāmaha prescribes that, in disputes where there are no witnesses, no possession nor documents and no recourse can be had to divine proof, there the king is the final deciding factor as he is the lord of all⁵⁹⁷.