Chapter 22

Actions that Cause the Loss of a Case

If a party, having first admitted a reason, then states another, more important one in his counter-statement, the latter is to be proven, not the former. // K_191 //

as long as that matter is established through the methods of conciliation, dissension, and others. // K_192 //

Whatever was not stated by the first party, whether out of delusion or deceit, if it is included in the reply, it should be accepted from both parties. // K_193 //

He who, though urged by various means, does not give a reply, after seven nights have passed, he is defeated and must pay. // K_194 //

Having stated his case, if he abandons it and says something else, he has taken recourse to another plea; that litigant is defeated. // K_195 //

Having accused another, if he says, "This case was not brought by me," by speaking thus, he shall be so; he should be declared defeated. // K_196 //

He who, having had his statement written down, then speaks something less or more, that litigant shall be defeated and is not entitled to pursue the claim. // K_197 //

The assessors and the witnesses are to be known by the wise as the proof. He who objects to that proof out of delusion is called one who objects to the proof. // K_198 //

For failing to appear after being summoned, he is defeated immediately. // K_199 //

If, when told "Speak," he does not speak, he deserves immediate confinement. On the second day, the defeat of that fool should be recognized. // K_200 //

Where he desires a long delay under a pretext, that should be known as a specious excuse, which is held to cause the loss of the case. // K_201 //

One who changes his plea shall be fined five paṇas; one who objects to the proof, ten paṇas; one who fails to appear, twelve; and one who gives no reply, sixteen. One who absconds after being summoned shall be fined twenty paṇas. // K_202 //

The king should punish him who does not come after being called three times, who absconds after being summoned, and after five nights have passed. // K_203 //

Of those whose cases have been stated, if one subverts the other litigant or entices him with a bribe, he should be declared defeated. // K_204 //

He who causes fear, creates dissension, makes threats, or imposes restraint—for these actions concerning the matter of the litigants, he is defeated in the legal proceeding. // K_205 //

He should be fined according to his fault, and there shall be no retrial. When the statements of both have been written down and the determination of the case has begun, he who speaks improperly there is defeated in that matter. // K_206 //

He who, having named witnesses, willfully does not have them questioned, that litigant is defeated in that matter after thirty nights have passed. // K_207 //

A case is taken up from one who is defeated due to absconding, giving no reply, or taking recourse to another plea, but not from one defeated by his own statement. // K_208 //

The wise know there is a remedy for one who is defeated by a procedural fault, but for one who is defeated by his own statement, there is no remedy. // K_209 //

Those who, after having their matter reported and taken up, settle it among themselves, shall all be liable for a double fine, for they have deceived the king. // K_210 //