1. 1 When a plaint of this description has been tendered by the plaintiff, the defendant shall deliver an answer corresponding to such plaint.
2. 2 That is called a (true) answer by those acquainted with the subject, which meets the plaint, and is concise, clear, consistent, and easily intelligible without an explanation.
3. 3 If a man's courage fails him when he is about to make a statement in a lawsuit, a delay must be
5. 5 When, the plaint having been reduced to writing by the plaintiff, the defendant admits it but adduces some special circumstance, it is called a (retort in the form) pratyavaskandana (special plea).
6. 6 That (answer) is no (true) answer which is dubious, not to the point, too narrow, too extensive, or meeting one part only of the plaint.
7. An answer which treats of a different subject, or which is incomplete, or couched in obscure language, or confused, not intelligible without an explanation, or unreasonable, will never enable (the defendant) to gain his cause.
9. 9 Let (the plaintiff) make an answer which corresponds to (the contents of) the plaint. If he does not (make an answer), the king shall cause him to make one, by employing (any of) the (four) methods of conciliation, division, and the rest, till the matter has been cleared up.
10. 10 When, in the case of a denial (on the part of the defendant) the plaintiff himself admits such (denial) as correct, it has to be considered as a confession, and one half of the (ordinary) fine shall be inflicted on the plaintiff.
11. 11 In the case of a denial, the burden of proof rests with the plaintiff; in the case of a special plea,
239:1 III, I. Smritik.; Raghunandana, pp. 12, 16 ('Brihaspati')
239:2 M. Macn. I, 5, 3 (uncertain); V. T., &c.
239:3 Smritik. matir notsahate yasya vivâde vaktum ikkhatah | dâtavya eva kâlah syâd arthipratyarthinor api ||
240:4 Raghunandana, p. 17; M. Macn. I, 5, 7, &c. ('Kâtyâyana').
240:5 M. Macn. I, 5, 9.
240:6 6, 7. V. T.; M. Macn. I, 5, 11. 'Dubious,' as when (the plaintiff) having declared: This man has received a hundred Suvarnas from me, (the defendant replies): Yes, I have received a hundred Suvarnas or a hundred Mâshas. 'Not to the point,' as when a debtor being sued for a hundred Suvarnas, replies that he has received a hundred Panas. 'Too narrow,' as when (a debtor) being sued for a hundred Suvarnas; replies that he has received five. 'Too extensive,' as when (a debtor) being sued for a hundred Suvarnas, replies that he has received two hundred. 'Meeting one part only of the plaint,' as when (a debtor) being sued for gold, clothes, and other objects, replies that he has received gold but nothing else. 'Which treats of a different subject,' as when an action for debt is answered by referring to a different title of law, e.g. when a man being sued for a debt of a hundred Suvarnas, replies, He (the plaintiff) has struck me. 'Incomplete,' not containing any reference to the particulars of country, place, and so on, as when the plaint states a certain field situated in the central country (Madhyadesa) near Benares, towards the east of it, to have been seized by the defendant, and the defendant replies merely, 'I
241:9 Smritik. yathârtham uttaram dadyân na ket tad dâpayen nripah | sâmabhedâdibhir mârgair yâvat so
241:11 M. Macn. II, 6, 5.
242:12 Vy. K. pratyarthî labhate kâlam tryaham pañkâham eva vâ |
