Verse 8.58

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

अभियोक्ता न चेद् ब्रूयाद् बध्यो दण्ड्यश्च धर्मतः ।
न चेत् त्रिपक्षात् प्रब्रूयाद् धर्मं प्रति पराजितः ॥ ५८ ॥

abhiyoktā na ced brūyād badhyo daṇḍyaśca dharmataḥ |
na cet tripakṣāt prabrūyād dharmaṃ prati parājitaḥ || 58 ||

If the complainant does not speak out, he shall be imprisoned and pined, according to law. If the other party does not answer within three fortnights, he becomes defeated according to law.—(58)

 

Medhātithi’s commentary (manubhāṣya):

If the ‘complainant’—plaintiff—having gone to the King, and on getting the other party summoned,—does not state his case, then, on account of haring done all this needlessly, ‘he shall be imprisoned and fined’; whether the punishment shall be imprisonment or fine, and what shall be the exact period and amount of these, should he determined in accordance with the nature of the case and the loss entailed upon the other party on account of being summoned. For this reason it is necessary for the complainant to state his case on the same day.

As for the defendant, ‘if he does not answer within three fortnights,’—then he shall not be either imprisoned or fined; in fact, if he does not answer the charge within the time, he loses the case.

‘According to law’;—such defeat would be quite legal, and not illegal.

‘Within three fortnights’;............ (?)

The real meaning of this verse has been explained by us above (under verse 56).—(58)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Kṛtyakalpataru (22b).

 

Comparative notes by various authors

Nārada (2.2).—‘Tho defendant, immediately after having become acquainted with the plaint, shall write down his answer, which must correspond to the tenour of the plaint; or, let him deliver his answer on the next day, or in three days, or in seven days.’

Bṛhaspati (4.1-6).—‘When the plaint has been well-defined, a clear exposition given of what is claimed and what not, and the meaning of the plaint fully established, the judge shall cause the answer to be submitted by the defendant. If the defendant does not make an answer fully meeting the contents of the plaint, he shall be compelled to pay by gentle remonstrance and other methods;—kindly speeches constitute gentle remonstrance, intimidation is pointing out danger.’ Force consists of depriving one of his property, or striking or confining him. When a man makes no answer, even though all methods have been employed, he is defeated and liable to punishment after a week. When the defendant asks for time, through timidity or terror or failing memory, time shall be granted to him. He shall bo allowed time extending to one day, or three days, or five days, or seven days, or a fortnight, or a month, or three seasons, or a year, according to his circumstances.’