DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0112
84
NARADA.
I, 164.
and if both have witnesses, the witnesses of that
party shall be heard which was the first to go to law.
* 164. If the claimant should be cast at the trial,
his cause proving as the weaker one of the two, it is
fit that the witnesses of the defendant should be
heard.
*165. No one should converse in secret with a
witness summoned by his adversary, neither should
he try to estrange him from the cause of his oppo-
nent by other means. A party resorting to such
practices as these is cast.
166. If a witness dies or goes abroad after having
been appointed, those who have heard his deposition
may give evidence; for indirect proof (through a
second-hand statement) makes evidence (as well as
direct proof).
*167. Even after a great lapse of time (the depo-
sition of) a subscribing witness retains its validity ;
164. Where the plaint is rejected and the defence acknowledged
as correct, the witnesses of the defendant have to be examined. A.
Yagnavalkya II, 17; Vish/zu VIII, 11.
165. That man who holds secret conversations with a witness
produced by his opponent, or who tries to intimidate him by threats,
abuse, and the like, or to bribe him, loses his suit. A.
166. If a witness dies or goes abroad, indirect witnesses, i.e. those
who have heard him speak of the matter, on his deathbed, or when
he was about to start, either in answer to questions of the plaintiff,
or of his own accord, shall be examined. A. Vishzzu VIII, 12.
167. What follows here is intended to show how long the state-
ments of each of the five appointed witnesses mentioned in par.
igo retain their validity. A subscribing witness may give valid
evidence after the lapse of a very long period even. Such a
witness should subscribe his name with his own hand, at the time
when the document is being executed, as e.g. ‘I, Devadatta, have
witnessed this transaction.’ If he is unable to write, he should
cause another person to write in his own name. The document will
make evidence, whenever the occasion arises. A.
NARADA.
I, 164.
and if both have witnesses, the witnesses of that
party shall be heard which was the first to go to law.
* 164. If the claimant should be cast at the trial,
his cause proving as the weaker one of the two, it is
fit that the witnesses of the defendant should be
heard.
*165. No one should converse in secret with a
witness summoned by his adversary, neither should
he try to estrange him from the cause of his oppo-
nent by other means. A party resorting to such
practices as these is cast.
166. If a witness dies or goes abroad after having
been appointed, those who have heard his deposition
may give evidence; for indirect proof (through a
second-hand statement) makes evidence (as well as
direct proof).
*167. Even after a great lapse of time (the depo-
sition of) a subscribing witness retains its validity ;
164. Where the plaint is rejected and the defence acknowledged
as correct, the witnesses of the defendant have to be examined. A.
Yagnavalkya II, 17; Vish/zu VIII, 11.
165. That man who holds secret conversations with a witness
produced by his opponent, or who tries to intimidate him by threats,
abuse, and the like, or to bribe him, loses his suit. A.
166. If a witness dies or goes abroad, indirect witnesses, i.e. those
who have heard him speak of the matter, on his deathbed, or when
he was about to start, either in answer to questions of the plaintiff,
or of his own accord, shall be examined. A. Vishzzu VIII, 12.
167. What follows here is intended to show how long the state-
ments of each of the five appointed witnesses mentioned in par.
igo retain their validity. A subscribing witness may give valid
evidence after the lapse of a very long period even. Such a
witness should subscribe his name with his own hand, at the time
when the document is being executed, as e.g. ‘I, Devadatta, have
witnessed this transaction.’ If he is unable to write, he should
cause another person to write in his own name. The document will
make evidence, whenever the occasion arises. A.