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

S I. 1. 20-23 ] PRIORITY AMONG LITIGANTS 11
M. p 8 l 24-p 9 l. 12 ]
the plaints should be recorded in the order of the castes (of the applicants)
or after considering (the gravity of) the wrong (in each case) In the case
of persons who are not bold (or mature in intellect), who are idiots, insane,
infirm on account of old age, women, minors or diseased, a relative or some
other person appointed (to represent them in the litigation) may declare the
plaint or the reply ¹
Nārada (p 29 v 22) says :
Whether a person be appointed by the plaintiff or be instructed (to
appear in court) by the defendant, success or failure belongs to him for
whom he carries on the litigation
As to the text of Kātyāyana (this is Nārada p 29 v 23),
Where a person, not being a brother or father or son or a servant,
undertakes another's litigation and speaks out (generally falsely) in judicial
proceedings, he is liable to be punished,²
it refers to persons who are not appointed (as agents) The same author
declares that in certain cases an agent (to conduct a litigation) cannot be
recognised (by the court)
In (judicial proceedings for) the killing of a brāhmaṇa, drinking liquor,
theft, adultery with preceptor's (elder's) wife, manslaughter, theft, touching
(violating) another's wife, eating forbidden things, seduction and defilement
of a virgin, violence (of language and actions i e slander and assault), for-
gery, treason, no deputy (or substitute) shall be given and the party who
does the act shall himself carry on the cause
(In the above passage) the word 'steya' (theft) is repeated in order
to lay down an absolute prohibition of a deputy (in the case of such offences
as theft³ ) *'Prativādī' means 'pratinidhi' (a substitute or deputy)
When the defendant is brought (before the court) Yājñavalkya (2 6)
describes what is to be done by the plaintiff
What was alleged by the plaintiff before the defendant was called should
be written down in the presence of the defendant and should be marked
(furnished) with the year, the month, the fortnight, the day, the names (of
the parties), their caste and the like
1 This verse makes provision for the appointment, in the language of modern law, of
a next friend or a guardian ad litem for minors, idiots and insane persons and recognised
agents Compare C P. Code of 1908, Order 32 for the former and Order 3 r. 1--2 for recognised
agents
2 This verse lays down a rule that resembles the English law of champerty and
maintenance
3 The Vīr tells us that this is the explanation given by the Madanaratna, which
seems to have been followed by Nīlakaṇṭha The Vīr itself prefers to explain the first word
'steya' as standing for the theft of gold (which was one of the five mortal sins according
to Manu XI 54 ) and the second 'steya' for theft in general This explanation is better as
the first word 'steya' is placed in the midst of the other mortal sins,

• P 12 (text)