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TheStoryof My Experiments
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The Story of My Experimentswith TruthlPart
IllPreparation for the Case
From Wikisource
;*What it is to bea
,'Coolie'
AnAutobiosraphv';;i:#:il,,"i;.v,:;f
,"rimentswithrruthReligiousFermentPreparation
for theCase
Theyear'sstayin Pretoriawas a most valuableexperience
in my life. Here it was that I had
opportunities
of learningpublic work and acquiredsomemeasureof my capacityfor it. Hereit wasthat
thereligiousspiritwithin me becamea living force,andheretoo I acquireda true knowtedgeof legal
practice.HereI leamtthe things that a junior barristerlearnsin a seniorbarrister'schamber,andhereI
alsogainedconfidencethat I shouldnot after all fail asa lawyer.It was likewise herethat I learntthe
secretof successasa lawyer.
DadaAbdulla'swasno small case.The suit wasfor f 40,000.Arising out of businesstransactions,
it was
full of innicaciesof accounts.Part of the claim wasbasedon promissorynotes,andpart on thespecific
performance
of promiseto delivery promissorynotes.The defencewasthat the promissorynoteswere
fraudulentlytakenandlackedsufficient consideration.
Therewerenumerouspoints of faci andlaw in
this inticate oase.
Bothpartieshadengagedthe bestarrorneysandcounsel.I thushad a fine opportunityof studyingtheir
work.Thepreparation
of the plaintiffs casefor theattorneyandthe sifting oiArtr in support-of
f,is case
hadbeenentrusted
to me. It was an educationto seehow muchthe attorneyaccepted,undtro* muchhe
rejeotedfrommy preparation,as alsoto seehow muchusethe counsel*ui. of tire brief prepareJUy
ttre
attorney.I sawthatthis preparationfor the casewould giveme a fair measureof my powers'of
comprehension
andmy capacityfor marshallingevidence.
I tookthekeenestinterestin the case.IndeedI threwmyselfinto it. I readall the paperspertaining
to the
tansactions.Myclientwasa man of greatability andreposedabsoluteconfidencl in *e, andthisrendered
my work easy.I madea fair studyof book-keeping.
My capacityfor translationwasimproved
by havingto tanslatethe correspondence,
whichwasfor themostpart in Gujarati.
Although,asI havesaidbefore,I took a keeninterestin religiouscommunionand in public work
and
alwaysgavesomeof my time to them,they werenot thenmy primary interest.The pieparation
of the
casewasmy primaryinterest.Readingof law andlookingup law cases,when necessary,
hadalwaysa
prior claimon my time. As a result,I acquiredsucha gasp of the factsof the case
asperhapswasnot
possessed
evenby thepartiesthemselves,inasmuchasI hadwith me the papersof boih theparties.
I recalledthelateMr. Pincutt'sadvice- factsarethree-founhsof the law. At a later date
it wasamply
borneoutby thatfamousbarristerof SouthAfrica, thelateMr. Leonard.In a certain
casein my chargeI
sawthat,thoughjusticewason the sideof my client,thelaw seemedto be against
him. In despairI
approached
Mr. Leonardfor help. He alsofelt thatthefactsof the "ur. *"r."uery strong.
He exclaimed,
'Gandhi,I havelearnt
onething, and it is this, thatif we takecareof the factsof a case,the law
will take
careof itself.Let us dive deeperinto the factsof this case.'with thesewordshe asked
me to st'dy the
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Thestoryof My Experiments
Page2of 2
the facts I saw them in an entirelynew
casefurtherandthen seehim again.on a re- examinationof
African casebearingon the point. I was delightedandwentto Mr'
light, andI alsohit uponan old south
'Right,'he said,'weshallwin the case.only we mustbearin mind
Leonardandtoldtrim everytrring.
whichof thejudgestakesit.'
fully realizedthis paramount
when I wasmakingpreparationfor DadaAbdulla'scase,I hadnot
the law comesto our aid naturally.I
importanceof facts.it""tr meantruth, and oncewe adhereto truth,
andthat the law wasboundto be
sawthatthefactsof DadaAbdulla'scasemadeit very stong indeed,
who wererelativesand both belongedto the
proirt A in, would*i" tft" plaintiff andthe defendant,
'same
to befought
city.No oneknewhow long the casemightgo on. Shouldit be allowedto continue
party. Both, therefore,desiredan
orrtin rorrt, it might go on inaefinitely andto no advantageof either
immediateterminationof the case,if possible'
Tyeb Shethand requestedand advisedhim to go to arbitration. I recommendedhim to see
I approached
the confidenceof both partiescould
to him that if an arbitratorcommanding
his counsel.Isuggested
thecasewould be quickly finished.Thelawyers'feeswere so rapidly mountingupthatthey
appointed,
*.re enoughto devourall the resourcesof the clients,big merchantsasthey were.The caseoccupiedso
muchof theirattentionthat they had no time left for anyotherwork. In the meantimemutualill-will was
I becamedisgustedwith theprofession.As lawyersthe counselon bothsideswere
steadilyincreasing.
bogndto rakeup points of law in supportof their own clients.I also saw for the first time thatthe
winningpartyneverrecoversall the costsincuned.under the court FeesRegulationtherewasa fixed
scaleof coststo be allowedas betweenpartyandparty,theactualcostsas betweenattorneyandclient
beingverymuchhigher,This was morethanI couldbear.I felt that my duty was to befriendbothparties
and6ringthsmtogether.I strainedeverynerveto bringabouta compromise.At lastTyeb Shethagreed.
An arbitatorwasappointed,the casewasarguedbeforehim, and DadaAbdulla won.
But thatdid not satisff me. If my client wereto seekimmediateexecutionof the award,it wouldbe
and there was an unwrittenlaw
impossiblefor Tyeb Shethto meet the whole of the awarded.amount,
It
Memansliving in SouthAfrica thatdeathshouldbe preferredto bankruptcy.
amongthePorbandar
and
costs.
He
meant
to
of
about
f
whole
sum
37,000
the
pay
down
for Tyeb Shethto
wasimpossible
paynotapie lessthanthe amount,andhe did not wantto be declaredbankrupt.Therewasonly one
and
way.DadaAbdullashouldallow him to pay in moderateinstalments.He was equalto the occasion,
$antedTyebShethinstalmentsspreadover a very long period.It wasmore difficult for me to secure
of paymentby instalmentsthanto getthepartiesto agreeto arbitration.But bothwere
this concession
happyovertheresult,andboth rosein the publicestimation.My joy was boundless.I hadleamtthehrue
practiceof law.I hadlearntto find out the bettersideof humannatureand to entermen'shearts.I
realizrAthat0retrue functionof a lawyerwasto unitepartiesriven asunder.The lessonwassoindelibly
burntintomettrata largepart of my time duringthetwentyyearsof my practiceasa lawyerwas
of hundredsof cases.I lost nothingthereby- not even
occupiedin bringingaboutprivatecompromises
money,certainlynot my soul.
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