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

[ V. M. text ] AMENDMENT OF PLAINT 13
[ p. 10 ll. 2-3 ]
Nārada (I. 25 v. 7) declares the time for amendment (of the plaint) :
'He (the plaintiff) may amend the plaint as long as the reply (of the
defendant) is not presented. Amendment (of the plaint) should cease
when it (the plaint) is hemmed in¹ by the reply. As² long as the defen-
dant does not enter his reply to the plaint so long the plaintiff may cause
to be entered (in the plaint) whatever matter may be desired to be ex-
pressed by him.'
These being the characteristics of a (proper) plaint, faulty² plaints that
are of an opposite nature to it (to a proper plaint) are (expressly) declared
in another smṛti* though they follow as a matter of course (impliedly).
'The king should reject a faulty plaint, viz., one which is unknown, that
discloses no injury (of which the court could take cognizance), that is mean-
ingless, that gives no cause of action (to the plaintiff), that is incapable of
proof, that is self-contradictory.
'"Aprasiddha" (exemplified by) "my skyflower has been stolen",
"nirābādha" (disclosing no injury) by "he works with the light of my lamp",
anartha (is exemplified) by "my kacatatapa was stolen"; "niṣprayojana"
(by) "my neighbour studies with fine intonation", "asādhya" (by) "I was
derided by this man with a knit eyebrow", "viruddha" (by) "I was abused
by a dumb man". "viruddha" also means "what is opposed to (the usages
of) a town or country", as is declared in another smṛti:
'That which is forbidden by the king, what is opposed to (the interest
of) the citizens or of the whole nation and also of the councillors; others
again which are opposed to a town, village, or large groups of people; all
these causes are declared to be inadmissible (i.e. such plaints as the king
would not entertain).'
Nor can it be said that if a plaint contains more matters of grievance than
one it would be a faulty plaint, as to hold so would be in conflict with the
dictum of Kātyāyana:
'A king from a desire to find out the truth should undoubtedly admit even
that plaint which contains many propositions (grievances) if it is definite so
far as judicial procedure is concerned (i.e. each proposition is supported
by distinct evidence).'
1 For amendment of plaint, compare Order 6 rule 17 of the C. P. Code.
2 This verse alone occurs in the printed Nārada (2-7).
3 'Faulty plaints' mean plaints that appear to be so but are really faulty and would
be rejected by the court.
4 The Vīr. ascribes this verse to Kātyāyana. For skyflower, vide above notes on
introductory v. 1, 'ka ca ṭa ta pa' are the first letters of the five classes of consonants and
the collocation of these makes no sense. Vide notes to V. M. p. 21 and pp. 25 and Kāt, v.
140 for detailed explanations of these terms,

• P, 11 (text)'.