Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....
10. To appoint a proxy (Purusantara-niyoga-vidhi)
Harita says, in vyavahara, anybody can complain his own problems in the court. The litigation between father and son, or between elder brother and younger brother etc can be the subjects in vyvahara. If there is no time and ability to hear the case, he can appoint a proxy in person. Narada says, in the case of any hindrance to plaintiff or defendant, he can appoint another person by giving authorization. Brihaspati says, on the other hand, in case of theft, in the case of murder and in the usage of liquor no proxy can be appointed. It is imperative that the incumbent itself should be trailed. These types of people should be provided with vehicles to arrive at court by considering time and distance. If the plaintiff and defendant go away by deceiving the court, any person related to him should be kept in custody and should
131 continue the case. The Brahmanas and Ksatriyas without bail should be given place in lockup and they should be kept without chain. Only Sudras are chained. If Brahmanas, Ksatriyas, Vysyas and Sudras - Cathurvarnyas submit complaints in the court the order of considering the complaints would be such as, first hear the case of Brahmanas, then Ksatriyas, later Vysyas and lastly Sudras; in the same manner, the Dharma and Adharma, Gurutwa and Laghutwa of the cases can be determined. In the court the plaintiff has to write down the complaint including date, year, month etc after the arrival of defendant. Thus, complaints would be filed on the basis of the will and the documents submitted by the defendant. The sipoy must protect the plaintiff and defendant in the lack of a power full bail. The court pays the daily expense of sipoy. When the client escaped from the custody of sipoy, he should pay the fine of eight panas to the court.