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

12 VYAVAHĀRAMAYŪKHA [ S L. 1. 23-24,
[ M. p. 9 ll. 12-25
In another smṛti (it is said) :—^1
That is termed bhāṣā (plaint or complaint) which is presented to the
king and which exhibits an artha (cause of action), which is possessed of
the good characteristics (of a plaint such as being concise to) which is full
(i. e. fully states the subject matter of litigation), which is free from
ambiguity, which distinctly states the point to be established, the words
of which are employed in their primary sense (and not figuratively),^2 which
conforms to the statement made (at first before the defendant came), which
deals with things well known (i. e. is intelligible to any ordinary person),
which contains no inconsistencies, which is definite (and not vague) and
capable of proof, concise and (yet) exhaustive, which is not impossible
with regard to place and time, which contains the year, the season, the
month, the fortnight, the day, the hour, the country, the district, the village,
the house, the name or description of the subject matter of dispute, the caste,
the personal appearance, age, the measure and quantity of the subject
matter, the names of himself (the plaintiff) and the defendant, which is
marked with the names of ancestors of himself and of the opponent and the
names of several kings (during whose reign the parties and their ancestors
lived), which states the reasons for forbearing (to sue for some time) and
the loss caused to himself, which narrates (the names of) the original
receiver (donee) and donor.
The use in the case of pledge and the like of the year and the like occurring
in this passage will be stated (later).^3 The use of the country and the like in
some cases is declared in another smṛti:—
In suits for immoveable property these ten should be entered (in the
plaint) viz. the country, the village, the site (i.e. with boundaries), the caste
and names (of the parties), the neighbour, the dimensions and the name
of the field, the names of the father and grandfather (of the parties) and
mention of former kings.
Kātyāyana (says):
The prāḍvivāka (judge) should write down on a board with chalk the
plaintiff's statement as made by him in a natural manner and then on a
leaf (or paper) after it is amended.

1. These verses are ascribed to the Saṅgrahakāra in the Smṛticandrikā, the Parāśara-
   mādhavīya and Vīr. With these requisites of a plaint may be compared Order VI rules 2,
   and Order VII rules 1-3, 6-7 of the C. P. Code.
2. This may also mean 'which contains no digressions'.
3. The statement of the year, month &c. is not useful in all judicial proceedings, but
   only in some, such as those about sales, gifts and mortgages, e.g., if the same property is twice
   mortgaged, the first prevails over the second and hence the years of the transactions are
   important. The author refers to the verse of Kātyāyana quoted by him in the section on
   ādhi--ādhim-ekam dvayor ya tu. The Sm. C. and the Vīr. ascribe these verses to Kātyāyana.
   P. 18 (text).