व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

10 VYAVAHĀRAMAYŪKHA [ S I 1 17-20
[ M p 7 L. 29-p.8 l.23
mad men those involved in grief servants, nor a young woman who has no
relatives a woman of a respectable family a woman who is recently delivered
a maiden of the highest caste, (because) these (females) are declared to be
dependent on their kinsmen (and their kinsmen should be summoned and not
they) It is allowable to summon those women upon whom their families are
dependent those who are profligate and who are prostitutes, as also those
that have no family (i e who are of low birth) and those that are sinful
Having understood the matter complained of the king should summon in
weighty matters even ascetics who have repaired to a forest but without
offending them Taking into consideration the time and the place and the
importance or otherwise of the causes the king may very slowly cause to be
brought even the diseased and others (enumerated above)
In some (copies) the reading is yānaiḥ (in palanquins or other
conveyances) for the word śanaiḥ (slowly) A person who being summoned
does not attend should be punished And to the same effect is Bṛhaspati (p.
288 v 85 )*
Where a person being summoned and having relatives and family¹ does
not attend through arrogance the king should fix a punishment for him
according to the (importance of the) matter in controversy
Kātyāyana prescribes different fines according to the difference in the matters
of controversy (for not attending when summoned)
If the matter be insignificant the fine shall be fifty (paṇas²) if it be
of a middling character the minimum fine should be one hundred, in serious
matters the fine should always be not less than five hundred (paṇas)
Pitāmaha speaks of what is to be done after the arrival of the person
summoned
The person complained against (i e the defendant) together with the
plaintiff should be made to stand in front of the court
The instrumental (in vādinā) is here used in the sense of together with
(and not in the sence of agent) Kātyāyana says
There (in the court) the complainant (or plaintiff) should first speak
out (his case) and after him the defendant At the end of both the members
of the court (the assessors) should speak out (their views) and after them
the presiding judge (prāḍvivāka)
³Bṛhaspati (p. 290 v 1 and p. 288 v 34) says
When a plaintiff and his opponent (or several pairs of plaintiff and
their opponents) approach (the court) each saying I should be heard first
1 Relying on the support of his relatives or his noble birth he treats with scant
courtesy the summons and hence he is to be punished for contempt
2 Kātyāyana as quoted in the Sm. C. say that wherever a figure is mentioned as a
fine for a wrong and nothing more is specified the figure refers to panas. Vide notes to V.M p 12
P 10 (text) ³ P 11 (text)