DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0124
96
NARADA.
I, 230.
whose veracity is not liable to suspicion. If the
number of such witnesses is equal (on both sides)
(the testimony of these must be accepted), who are
possessed of a superior memory.
17. Invalid Evidence.
230. Where, however, an equal number of wit-
nesses possessed of a good memory is found on
both sides, the evidence of the witnesses is entirely
valueless, on account of the subtle nature of the law
of evidence.
231. But wherever a litigant has been abandoned
by his own witnesses through the act of fate, the
sages have declared that he cannot be absolved by
(the performance of) an ordeal even.
* 232. Where, the time forgiving testimony having
arrived, a witness does not make a consistent state-
ment with reference to the questions under notice,
his testimony is as good as ungiven.
* 233. If the witnesses were to disagree with one
another as to place, time, age, matter, quantity,
shape, and species, such testimony is worthless like-
wise.
* 234. If the witnesses wrongly name too low or
too high a sum, this too must be known to make no
evidence. This is the rule of witnesses.
18. What has to be done in default of both
Witnesses and Documents.
*233. When, owing to the negligence of the
creditor, both a written contract and witnesses are
missing, and the opponent denies his obligation,
three different methods may be adopted.
NARADA.
I, 230.
whose veracity is not liable to suspicion. If the
number of such witnesses is equal (on both sides)
(the testimony of these must be accepted), who are
possessed of a superior memory.
17. Invalid Evidence.
230. Where, however, an equal number of wit-
nesses possessed of a good memory is found on
both sides, the evidence of the witnesses is entirely
valueless, on account of the subtle nature of the law
of evidence.
231. But wherever a litigant has been abandoned
by his own witnesses through the act of fate, the
sages have declared that he cannot be absolved by
(the performance of) an ordeal even.
* 232. Where, the time forgiving testimony having
arrived, a witness does not make a consistent state-
ment with reference to the questions under notice,
his testimony is as good as ungiven.
* 233. If the witnesses were to disagree with one
another as to place, time, age, matter, quantity,
shape, and species, such testimony is worthless like-
wise.
* 234. If the witnesses wrongly name too low or
too high a sum, this too must be known to make no
evidence. This is the rule of witnesses.
18. What has to be done in default of both
Witnesses and Documents.
*233. When, owing to the negligence of the
creditor, both a written contract and witnesses are
missing, and the opponent denies his obligation,
three different methods may be adopted.