DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0106
78
NARADA.
I> H3-
into another country, or burnt, or badly written, or
stolen, a delay must be granted, in case it should
exist still; if it be no longer in existence, the evi-
dence of those who have seen it decides the matter.
143. If a doubt should subsist, as to whether
a certain document be authentic or fabricated, its
authenticity has to be established by examining the
handwriting (of the party), the tenour of the docu-
ment, peculiar marks, circumstantial evidence, and
the probabilities of the case.
*144. If a document is signed by a stranger and
court to discharge a certain debt, on the strength of a bond signed
by himself, says : ‘ It is true. I had written that document. How-
ever, the money was not handed over to me, and I omitted to cause
the document to be torn, because it did not happen to be at hand.
A few days later the father of my would-be creditor informed me that
he had lost the bond and could not find it anywhere; that, how-
ever, he was going to give me a written deed recording its loss.
So he actually did, and I have deposited that written deed in a
certain box while living in that house.’ If the debtor pleads an
excuse of this sort, he must be allowed some delay to search for the
document in question. If it is no longer in existence, the state-
ments of those who saw it shall decide the matter. A.
143. ‘The handwriting,’ another specimen of the handwriting of
the party. ‘ The tenour of the document,’ the names of the sub-
scribing ■witnesses. ‘ Peculiar marks,’ flourishes in the handwriting
of the scribe. ‘Circumstantial evidence,’ ‘these two facts go together,’
or ‘they do not go together.’ ‘The probabilities of the case,’ ‘how
has he got hold of this document?’ or ‘is he nervous or is his manner
of speaking composed and quiet ? ’ By such expedients as these
shall doubts regarding the genuineness of a document be removed.
A. Vishmi VII, 12; Yagnavalkya II, 92.
144. If a document has passed by purchase or acceptance from the
original owner, who signed it, into the possession of a stranger, who
claims the loan recorded in it from the debtor, the judge must
examine the document. Kalyazzabha/Za has composed three verses
in explanation of the technical terms agama, sawbandha, and
hetu. Sarabandha, ‘ connexion,’ according to him, may be founded
on descent, caste, marriage, friendship, and social intercourse.
NARADA.
I> H3-
into another country, or burnt, or badly written, or
stolen, a delay must be granted, in case it should
exist still; if it be no longer in existence, the evi-
dence of those who have seen it decides the matter.
143. If a doubt should subsist, as to whether
a certain document be authentic or fabricated, its
authenticity has to be established by examining the
handwriting (of the party), the tenour of the docu-
ment, peculiar marks, circumstantial evidence, and
the probabilities of the case.
*144. If a document is signed by a stranger and
court to discharge a certain debt, on the strength of a bond signed
by himself, says : ‘ It is true. I had written that document. How-
ever, the money was not handed over to me, and I omitted to cause
the document to be torn, because it did not happen to be at hand.
A few days later the father of my would-be creditor informed me that
he had lost the bond and could not find it anywhere; that, how-
ever, he was going to give me a written deed recording its loss.
So he actually did, and I have deposited that written deed in a
certain box while living in that house.’ If the debtor pleads an
excuse of this sort, he must be allowed some delay to search for the
document in question. If it is no longer in existence, the state-
ments of those who saw it shall decide the matter. A.
143. ‘The handwriting,’ another specimen of the handwriting of
the party. ‘ The tenour of the document,’ the names of the sub-
scribing ■witnesses. ‘ Peculiar marks,’ flourishes in the handwriting
of the scribe. ‘Circumstantial evidence,’ ‘these two facts go together,’
or ‘they do not go together.’ ‘The probabilities of the case,’ ‘how
has he got hold of this document?’ or ‘is he nervous or is his manner
of speaking composed and quiet ? ’ By such expedients as these
shall doubts regarding the genuineness of a document be removed.
A. Vishmi VII, 12; Yagnavalkya II, 92.
144. If a document has passed by purchase or acceptance from the
original owner, who signed it, into the possession of a stranger, who
claims the loan recorded in it from the debtor, the judge must
examine the document. Kalyazzabha/Za has composed three verses
in explanation of the technical terms agama, sawbandha, and
hetu. Sarabandha, ‘ connexion,’ according to him, may be founded
on descent, caste, marriage, friendship, and social intercourse.