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53 Vyavaharamala is a great work in its shape and nature. manumukhyasarasamudbhavaih sukumaraih prasavairvacomayaih./ tridivapti bhalainrpocitam racayami vyavaharamalikam?.// Through this sloka adorned by similes the poet is trying to exhibit the independence of Vyavaharamala from the Sastras of Manu, Yajnavalkya extra. Vyavaharadarsanavidhi pradvivakadharma, sabhasabhyopadesah, vyavaharalaksana, paksabhasalaksana, asedhaprakarana, bhasottarapadanirupana, sandhiprakarana, kriyapada, saksinirupana, lekhyanirupana, kosapanadividhi, rnadanaprakarana, vrdhividhi, adhividhi, prathibhuvidhi, rnasyadeyadeyadividhi, aswamivikraya prakarana, sambhuya samuthanaprakarana etc which are connected with vyavahara are widely mentioned in Vyavaharamala There is no need of mentioning this work as efficient as the poems written by Manu and Yajnavalkya We can say that Vyavaharamala is great scientific work. From some 7 Vyavaharamala-Page-5.

54 examples, we can realize that the words mentioned in the matters of vyavahara are very meaningful. vi nanartheva sandehe haranam hara isyate / nanasandehaharanat vyavahara stathasmrtah. Etymologically vi means various, ava means doubts, hara means removing- so vyavahara means removal of various doubts. The concepts of chief justice is defind as vivade prcati prasnam pratiprasnam tadhaiva ca priyapurve pragvadati pradvivakah stathasmrtah鉂� The word pradvivaka is derived from the two terms; prat and vivakah. The implied meaning of the term 'prat' listening questionnaire by plaintiff and defendant and imbibing justice of questionnaire is called vivaka. Like this the person who hears the trial of plaintiff and defendant is called pradvivaka. Ibid-page-4 $ Ibid-page-2

55 The legal procedure in vyavaharamala. The king has to sit in Dharmasana posture wearing uthariya as a punul (sacred thread) meditating before gods and hence the trail starts. dharmasanamadhistaya samvitamga samahitah pranamya loka palebhya karyadarsanamarabhet. The king imparts justice by a close observation of smrtis and people, just as a hunter follows the path of the wounded animal by its foot prints and blood. This is the righteous manner in which Raja dharma should be observed. yada nayatyasrk padhairmrgasya mrgayuh padam ! nayet tathanumanena dharmasya nrpathih padam". // For Vyavaharah there should be ten members- king, Chairman, Courtiers Dharmasastras, Accountant, Rayasakkaras, Harikkaras, Gold, Fire, and water. These ten members appointed for vyavaharah were delineated as purusanga. 10 Ibid-page-1 11 Ibid-page-1

56 Purusaniga are represented by king (Head), Chairman (Face), Courtiers and Dharmasastras (hands), Accountant and Rayasakkara (thigh), Gold, Fire and Water (Eyes), Harikkara (Legs). Witness should have seen directly with eyes and should have heard with ears. Ladies, infants and the aged were however exempted from disputes. Declaration stating the case of plaintiff, the written statement being the reply given by the defendant, the trial of the case by the court, and the judicial decision or judgement - are the four parts of a judicial proceeding. purvapaksah smrtah pado dvitiyasyuttarasthadha 1 kriyapadasthadha vacya cathurtho nirnayasthatha 11 Purvapaksa, uttara, kriyapada, nirnayah these are the four 12 parts of judicial proceedings. The client should present the statement mentioning the period of transaction in dispute, the year, the month, the fortnight, the time, the place, the caste or tribe. The position of the body, the age, measurement of the things to be recovered, the material in dispute, the amount in 12 2 v.M.& Br.289-1-2 page-3,17

57 dispute, plaintiff's own name, names of the kings in order, the plaintiff address, the name of the thing claimed, the names of ancestors, the injury or lose, the name of person who got the property and the name of the donor should be clearly stated. In disputes about immovable property, the following ten details should be stated - the country, the place, the situation, the caste, the name, the dwelling place, the measurement, the name of field, the name of ancestors and the name of the kings. The nature and importance of wealth. The importance of wealth is depicted in the stanzas 13 dhanamula kriya sarva yatnat thatsadhane mathah / vardhanam raksanam bhoga iti thasya vidhikramah" The above verse in Mahabharata mention as Arthakriya The meaning is the same as Vardhana Raksna and Anubhava. Money is divided into three types-Sukla, Sabala and Krsna. All these have seven varieties in Sukla, Srutha, Sourya, Thapas, Kanya, Sisya, Yaga and Wealth of ancestors. Sabala deals with Katyayana smniti-124 to 128, Yajovalkyasmsiti II-6-8. 14 Ibid-page-20

58 buying and selling, agriculture and trading. Sukla deals with monument, social service, giving charity etc. The varieties of Krisna are tricks, speculation, physical torturing, spying, making money through illicit means like samudrika treachery etc. Money transacted through borrower, Lender, intermediary. The wealth gained by the three categories whatever is its result in the other world, is now deployed for useful purposes. These are the principles illuminated in Vyavaharamala. Partnership - business in Vyavaharamala. vanik prabrthayo yatrakarma sambhuya kurvate / tat sambhuya samuthanam vyavaharapadam smrtam. // Trade, monument, music, agriculture etc if done by five or eight persons is called Sambhuya Samuthana. In partnership business, weak, ill, unlucky and orphans are not included. Aristocrats, skilled and enthusiastic persons, genius personalities and those who know wealth and value of money are only included. In ancient India in trade, agriculture, monument,

59 music etc five or eight persons collectively participated and this joint venture became a success. As such agriculture was done on cooperative basis. The members and the tools to be used are shown in Vyavaharamala. The laboures for farmers, ox, seeds etc should be equally distributed and only such farmers could join the society. The field near mountains, town and rajamarga should not be made use for farming, so also the place where there were rats, drainage system etc. There should be the provision for irrigation, green trees on four sides and fertile soil. Otherwise it would be a failure. It is good for the unity and prosperity of the nation if farmers work whole heartedly doing co-operative farming. In olden days farming was done like this in a good manner. Today 'company, co-operative bank etc are in this form in Sambhuya Samuthana.