DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.52452#0059
PLAINT AND ANSWER.
31
in a village or town, or in the presence of witnesses,
divine test is not applicable.
* 30. Divine test is applicable (where the transac-
tion has taken place) in a solitary forest, at night, or
in the interior of a house, and in cases of violence,
or of denial of a deposit.
31. Where the defendant has evaded the plaint by
means of a special plea, it becomes incumbent on
him to prove his assertion, and he is placed in the
position of a claimant.
* 32. One who takes to flight after having received
the summons; one who remains silent; one who is
convicted (of untruth) by (the deposition of) the wit-
nesses ; and one who makes a confession himself:
these are the four kinds of Avasannas (losers of
their suit).
* 33. One who alters his former statements ; one
taken place in the presence of witnesses, divine proof is also not
applicable. A.
30. In all the places and occasions mentioned in this paragraph
human proof is not applicable, wherefore divine test has to be
resorted to. A.
31. Where the defendant has recourse to the mode of defence
called Pratyavaskandana, i. e. where he admits the charge, but
adduces a special circumstance to exonerate himself, the plaint
becomes purposeless. To the defendant, however, belongs the
onus probandi in regard to the special circumstance mentioned
by him. He is, therefore, reduced to the position of a claimant,
in that it is incumbent on him to prove his assertion at the time of
the judicial investigation (kriya). A.
32. One who, though summoned by the king’s officers, absconds
through fear of the accusation brought against him; one who
stands mute in the assembly when he is asked to make his declara-
tion; one who is cast by the depositions of the witnesses ; and one
who confesses to be in the wrong himself: these four persons are
non-suited. A. Yagnavalkya II, 16; Manu VIII, 55-58.
33. Two out of the four ‘losers of their suit,’ who are referred
31
in a village or town, or in the presence of witnesses,
divine test is not applicable.
* 30. Divine test is applicable (where the transac-
tion has taken place) in a solitary forest, at night, or
in the interior of a house, and in cases of violence,
or of denial of a deposit.
31. Where the defendant has evaded the plaint by
means of a special plea, it becomes incumbent on
him to prove his assertion, and he is placed in the
position of a claimant.
* 32. One who takes to flight after having received
the summons; one who remains silent; one who is
convicted (of untruth) by (the deposition of) the wit-
nesses ; and one who makes a confession himself:
these are the four kinds of Avasannas (losers of
their suit).
* 33. One who alters his former statements ; one
taken place in the presence of witnesses, divine proof is also not
applicable. A.
30. In all the places and occasions mentioned in this paragraph
human proof is not applicable, wherefore divine test has to be
resorted to. A.
31. Where the defendant has recourse to the mode of defence
called Pratyavaskandana, i. e. where he admits the charge, but
adduces a special circumstance to exonerate himself, the plaint
becomes purposeless. To the defendant, however, belongs the
onus probandi in regard to the special circumstance mentioned
by him. He is, therefore, reduced to the position of a claimant,
in that it is incumbent on him to prove his assertion at the time of
the judicial investigation (kriya). A.
32. One who, though summoned by the king’s officers, absconds
through fear of the accusation brought against him; one who
stands mute in the assembly when he is asked to make his declara-
tion; one who is cast by the depositions of the witnesses ; and one
who confesses to be in the wrong himself: these four persons are
non-suited. A. Yagnavalkya II, 16; Manu VIII, 55-58.
33. Two out of the four ‘losers of their suit,’ who are referred