III. The Answer

The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com

III. THE ANSWER.

1. ¹ When a plaint of this description has been tendered by the plaintiff, the defendant shall deliver an answer corresponding to such plaint.

2. ² That is called a (true) answer by those acquainted with the subject, which meets the plaint, and is concise, clear, consistent, and easily intelligible without an explanation.

3. ³ If a man's courage fails him when he is about to make a statement in a lawsuit, a delay must be

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granted to him (by the judge), whether he be plaintiff or defendant.

4. ⁴ When the defendant contradicts the charge, such an answer is termed a denial in a cause.

5. ⁵ When, the plaint having been reduced to writing by the plaintiff, the defendant admits it but adduces some special circumstance, it is called a (retort in the form) pratyavaskandana (special plea).

6. ⁶ That (answer) is no (true) answer which is dubious, not to the point, too narrow, too extensive, or meeting one part only of the plaint.

7. An answer which treats of a different subject, or which is incomplete, or couched in obscure language, or confused, not intelligible without an explanation, or unreasonable, will never enable (the defendant) to gain his cause.

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8. ⁸ In the case of a denial, the burden of proof rests with the plaintiff; in the case of a special plea, (it rests) with the defendant.

9. ⁹ Let (the plaintiff) make an answer which corresponds to (the contents of) the plaint. If he does not (make an answer), the king shall cause him to make one, by employing (any of) the (four) methods of conciliation, division, and the rest, till the matter has been cleared up.

10. ¹⁰ When, in the case of a denial (on the part of the defendant) the plaintiff himself admits such (denial) as correct, it has to be considered as a confession, and one half of the (ordinary) fine shall be inflicted on the plaintiff.

11. ¹¹ In the case of a denial, the burden of proof rests with the plaintiff; in the case of a special plea,

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it rests with the defendant; but in a plea of former judgment, all that is required in the shape of proof is to produce the previous decree.

12. ¹² The defendant is at liberty to delay his answer for three days, or for five days even.

Footnotes

239:1 III, I. Smritik.; Raghunandana, pp. 12, 16 ('Brihaspati')

239:2 M. Macn. I, 5, 3 (uncertain); V. T., &c.

239:3 Smritik. matir notsahate yasya vivâde vaktum ikkhatah | dâtavya eva kâlah syâd arthipratyarthinor api ||

240:4 Raghunandana, p. 17; M. Macn. I, 5, 7, &c. ('Kâtyâyana').

240:5 M. Macn. I, 5, 9.

240:6 6, 7. V. T.; M. Macn. I, 5, 11. 'Dubious,' as when (the plaintiff) having declared: This man has received a hundred Suvarnas from me, (the defendant replies): Yes, I have received a hundred Suvarnas or a hundred Mâshas. 'Not to the point,' as when a debtor being sued for a hundred Suvarnas, replies that he has received a hundred Panas. 'Too narrow,' as when (a debtor) being sued for a hundred Suvarnas; replies that he has received five. 'Too extensive,' as when (a debtor) being sued for a hundred Suvarnas, replies that he has received two hundred. 'Meeting one part only of the plaint,' as when (a debtor) being sued for gold, clothes, and other objects, replies that he has received gold but nothing else. 'Which treats of a different subject,' as when an action for debt is answered by referring to a different title of law, e.g. when a man being sued for a debt of a hundred Suvarnas, replies, He (the plaintiff) has struck me. 'Incomplete,' not containing any reference to the particulars of country, place, and so on, as when the plaint states a certain field situated in the central country (Madhyadesa) near Benares, towards the east of it, to have been seized by the defendant, and the defendant replies merely, 'I p. 241 have taken it.' 'Couched in obscure terms,' as when in a suit for a hundred Suvarnas the defendant exclaims, 'Am I the only person indebted to this man?' implying by his speech that the chief judge, or assessors, or plaintiff, is indebted to another man. 'Confused,' inconsistent, as when in an action for a hundred Suvarnas the defendant declares, 'Yes; I have received that sum, but I do not owe it.' 'Not intelligible without an explanation,' owing to the use of wrong inflections, compounds, or constructions, or to the employment of a foreign language. 'Unreasonable,' contrary to common sense, as when the plaint runs as follows: The defendant has received a hundred Suvarnas from me, repayable with interest, and has paid the interest only, and not the principal; and the defendant replies: 'Yes; I have paid the interest, but have not received the principal.' M.

241:8 M. Macn. I, 5, 14 (uncertain); May. p. 11.

241:9 Smritik. yathârtham uttaram dadyân na ket tad dâpayen nripah | sâmabhedâdibhir mârgair yâvat so^ऽrthah samuddhritah || Bribery and force are the two remaining methods.

241:10 Smritik. nihnave tu yadâ vâdi svayam tat pratipadyate | gñeyâ sampratipattis tu tasyârdho vinayah smritah ||

241:11 M. Macn. II, 6, 5.

242:12 Vy. K. pratyarthî labhate kâlam tryaham pañkâham eva vâ |