JUSTICE IN NEPAL. 113 



action to be valid, from five per cent, to ten per cent, of the property 

 litigated is taken (see § 14) and no more. 



But if the parties cannot be brought to an understanding and persist 

 in positive affirmation and denial, the plaintiff is commanded by the 

 Bichdri formally to pledge himself to prosecute his claim to a con- 

 clusion in the court wherein he is and no other. The words enjoining 

 the plaintiff thus to gage himself are these, Mri^ thdpo, and the act con- 

 sists in the plaintiff's taking a rupee in his hand and striking the earth 

 with the closed hand, saying at the same time " my claim is just and I 

 gage myself to prove it so." The defendant is then commanded to take 

 up the gage of the plaintiff, or to pledge himself, similarly, duly to attend 

 the court to the conclusion of the trial, which he does by formally deny- 

 ing the claim made against him, and upon this denial he likewise strikes 

 the earth with his hand closed on a rupee. The rupee of the plaintiff 

 and that of the defendant are deposited in court. The next step is for 

 the court to take the fee, called Imrpan, of five rupees from either party. 

 Both hhi and Jcarpmi are the perquisites of the various officers of the 

 court, and do not go to the government. 



The giving of karpan by the parties implies that they desire to refer 

 their dispute to the decision of the ordeal : and accordingly, as soon as 

 the karpan is paid down, the Ditha acquaints the Government that the 

 parties in a certain cause wish to undergo the ordeal. The order for them 

 to undergo it is thereupon issued from the Darbdr, but when it has 

 reached the court, the Ditha and Bicharis first of all exhort the par- 

 ties to come to an understanding and to seek the settlement of their dis- 

 pute by Panchdyat or other means than ordeal, which if they will not do, 

 the trial by ordeal is directed to proceed. (See § 15.) 



* Bert means a cliain ; the act of " tliaping the im" obliges the parties to persevere to 

 a decree, and prevents them from withdrawing the action : the proceeds go to the Bichdri. H. 



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