Black and White

"I look to a day when people will not be judged by the colour of their skin, but by the content of their character", is a famous quote of Dr Martin Luther King Jr. A bright example to the spirit of this quote is found in the Sir Frank Worrell Trophy. 

The Frank Worrell Trophy (picture given above is taken from the internet) is awarded to the winner of the Cricket Test Series played between the Australian Cricket Team and West indies Cricket Team from the 1960-61 series onwards. The life story of Sir Frank Worrell (Knighted in the year 1964 for his services to Cricket) is worth remembering in these days when George Floyd Protests are raging all over the world.

The period was during the years 1960-61. Those were the days of "White Australia Policy", where blacks in Australia did not have the right of a full citizen. A 5-match Cricket Test series was played in Australia between the Australia team and the West Indies team. Members of the West Indian team were welcome as cricket players, but not as citizen. The two teams played under the leadership of Richie Benaud and Frank Worrell respectively. All the matches were played with record number of spectators thronging the stadia.  The series started with the great "Tied Test" at Brisbane, the first ever tied test between two cricket teams where both teams had equal number of runs at the end of two innings. This is as against a draw where the match is inconclusive and ends due to expiry of the time allotted for the game.  Australia won the second test at Melbourne but West Indies won the third test at Sydney. Fourth match at Adelaide was drawn leaving the final match at Melbourne to decide the series winner. The series could have gone either way till the finish in Melbourne. Last test was viewed by over 91,000 spectators in the Melbourne Cricket Ground with many disappointed viewers being unable to get entry into the stadium. The 5-Test series was ultimately won by Australia 2-1, with Australia winning the last match by two wickets.  

Sir Donald Bradman was the Chairman of the Australian Cricket Board of Control. He commissioned a former cricketer and jeweller by profession, Earnie McCormick to make a trophy to be awarded to the winner of the series between these two teams. The Ashes was already a well-known name for a trophy played between the England and Australia Cricket Test Series. The new trophy was to be on similar lines for series played between Australia and West Indies teams. The trophy was named after the captain of the losing team, considering the popularity of the visiting team and the great leadership qualities exhibited by Frank Worrell. That the trophy was named after the captain of a visiting cricket team of predominantly black players which lost the series is a testimony to the great values that Frank Worrell stood for. 

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It is a sheer coincidence that the lives of Dr Martin Luther King Jr and Sir Frank Worrell run parallel to each other. Frank Worrell (01-08-1924) was born 5 years earlier to Dr Martin Luther King Jr (15-01-1929) and died (13-03-1967) one year before him (04-04-1968). Both lived a short life before events cut short their life. Worrell lived for 42 years before Leukaemia ended his life. Dr King lived for 39 years before his assassination. For a period of 38 years they lived in the same era (1929-1967) during their short lives, but remembered for their great contributions to the society. 

"We may have all come on different ships, but we are in the same boat now" is a famous saying of Dr King. Sir Frank Worrell practiced this all the way in his life, both on and off the cricket field. 

"A genuine leader is not a searcher for Consensus, but a moulder of Consensus" is another famous quote of Dr King. Sir Frank Worrell showed this in his efforts as a leader of men not just in Cricket, but in diverse fields of life as well.

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What is so great about Sir Frank Worrell that we have to remember him during the times of George Floyd protests? George Floyd Jr was an African American who was killed by a white police officer during an arrest in Minneapolis, USA, on 25th May, 2020. The killing was due to use of excessive force as shown by subsequent investigations. This has led to protests under BLM movement (Black Lives Matter) in several cities. The protests spread to several parts of the country and required Special Police forces to be deployed to bring calm to the surcharged atmosphere.

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What were the accomplishments of Frank Worrell? Sir Frank Mortimer Maglinne Worrell was born in Bridgetown, Barbados on 1st August, 1924. He later moved to Kingston, Jamaica. He was a Right hand Batsman and Left Arm Bowler, bowling both seam and slow types. He played First Class Cricket for both Barbados and Jamaica. He scored 15,025 runs with an average of 54.24 and got 349 wickets in first Class matches. He was associated in two 500-run partnerships in first class cricket. He played 51 test matches for West Indies (1948-63) scoring 3,860 runs at an average of 49.48 and 69 test wickets. He scored 9 test centuries and 22 fifties. He also carried his bat through a test innings, opening the innings and remaining not out at the end of the innings. The games were played in the days of no helmets, uncovered pitches and no additional protections. The above statistics themselves is enough to show that he was a successful cricketer in an era when matches were not played throughout the year like present times. 

More than the quantity of his statistics, it was the way he played and inspired others to play that made him a great name to remember for ever. His great leadership qualities enabled him to become the first black captain of the West Indies team. All Cricket Teams represent a country unlike West indies which is not a country, but a combination of various island nations in the Carribean islands. Frank Worrell was able to combine players from different island countries into a formidable team to challenge the great teams of that time. Along with Sir Clyde Walcott and Sir Everton Weeks, Sir Frank Worrell formed the great 3Ws group of players who earned highest respect from the opponents on the field and off it as well. The 3Ws memorial, picture given alongside, is a living testimony to their accomplishments.

The 1960-61 series between Australia and West Indies was played when test cricket was at its dullest periods and there were days when even the team totals did not reach 200 runs. The slow tiring games were driving the spectators away from cricket grounds. Both Worrell and Benaud encouraged aggressive cricket. Aggression was in the way they fought with skills and not the physical show of aggression we see in many today's players. The teams fought hard on cricket field, but there were no sledging or exaggerated celebrations as we see today. Celebration on the field were more when an opposing player achieved a milestone. The players were darlings of the crowds. There was never a moment of dissent on the field against umpires rulings. In one such instance, in the last and delicate moments of the deciding test at Melbourne, an Australian batsman (Wally Grout) was ruled not out when the bail had fallen to the ground and the batsmen were running between the wickets. A mere look from Frank Worrell made the teammates get on with the game without a murmur! 

The Trophy was not just named after the visiting defeated team's captain, but over half a million people came out on the streets to bid farewell to the West Indies team taken in an open car procession. As one player (Conrad Hunte) recalls, the ticker-tape parade was a response normally reserved for Presidents and Prime Ministers. There were people on the streets, roof tops and balconies, waving and greeting the visiting players. A reception was given at the Melbourne Town Hall to them attended by many dignitaries. Another player recalls that they had lipstick and kisses marks allover their body with shouts of thanks and appreciation of the players cricketing skills as well as their exemplary conduct.

Worrell had many qualities that made him acceptable to everyone around him. He was the first player to donate blood when Indian cricket team Captain Nari Contractor was injured (3rd February, 1962) while facing a bouncer from Charlie Griffith. He treated everyone equally but had a special talent for identifying young talents and nursing them. Cricket's greatest allrounder of all times, Sir Garfield Sobers (again knighted for his services to Cricket) was Worrell's find and mentee. Worrell was made a Senator of Jamaica after he retired from cricket. He became a warden of Irvine Hall at the University of West Indies. He was diagnosed with Leukaemia while on a tour to India in 1966-67 and died a month later after return to Jamaica at a young age of 42 years. He was laid to rest the University of Barbados. His grave is visited by several people every day and remains a place to inspire people to follow the values he stood for. He taught a generation of people to play the game hard and fair, and end with good humour. He stood for political, economical and cultural cohesion and lived with a genuine smile. Not a put on one. The legacy of Sir Frank was carried on by his successors like Sir Garfield Sobers and Clive Lloyd.

Sir Frank Worrell had an Indian connection too. He was on a tour of India with the cricket team in 1966 (not as a player) when he was identified as suffering from Blood Cancer. He made many friends in India during that visit. That was the series in which B S Chandrashekar came into prominence by bowling 93 overs and taking 11 of the 14 West indies wickets that fell in the first test match at Bombay.  

There is a Hindi Movie by name "Around the World" (1967) starring Raj Kapoor and Rajshri. The song "Around the world in 8 dollars" from the film is famous. The sum 8 Dollars refers to the amount of Foreign Exchange allowed to Indian travellers in those days! The film is dedicated to Sir Frank Worell as can be seen in the beginning of titles. He can be seen in the film for a short while, when actor Om Prakash talks to him. 

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Luckily for the present generation, some of Worrell's actions can be seen on YouTube. A three part recording of the 1960-61 series is available on it. The third part (33 minutes) especially records the final test followed by the Trophy presentation by Frank Worrell to Richie Benaud in the presence of Don Bradman. There are scenes of the procession and farewell as well. Please click on this to see it. Click on this link to watch the cricketing greats of yesteryears Gary sobers, Neil Harvey, Colin McDonald, Alan Davidson, Bob Simpson, Rohan Kanhai, Wesley Hall, Alfred Valentine, Lance Gibbs, Gerry alexander, Cameroon Smith and Conrad Hunte recall the great qualities of Sir Frank Worrell.

The words of the captain of the opposing team, Richie Benaud, at the conclusion of the 1960-61 series, after receiving the Trophy and Worrell's cap, tie and blazer, sums up the whole episode: "He gave us his scalp (Cap), neck (Tie) and upper half of the body (Blazer). But he himself will remain in the hearts of cricket lovers in this country for many long day."

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People like Sir Frank Worrell and Dr Martin Luther King Jr are indeed more relevant today, in the background of George Floyd protests.

Everything Will Be Perfect

A train arrives on the platform of Istanbul City Railway Station (formerly known as Constantinople) and screeches to a halt. There is a rush of people on the platform towards the train to board it. Those inside the train make way to get out of it. A family of five, a man, a woman, two sons and a daughter, arriving on the train from a village, get down and walk to the exit gate. As they move to the gate, the man tells his wife: "One day we will conquer this Golden City". 

The family moves into the city. Many things happen in their life thereafter in the next few years. The elder son grows up to be a strong man but gets into bad company. He gets arrested and jailed. The younger son grows up to be a very handsome man. He falls in love with a rich girl. He marries her and moves away to stay with the wife's family. Some bad developments in the daughter's life make her mentally disturbed. The old parents are now left with this daughter and find life difficult in the city. They decide to go back to their village and reach the same railway platform.

The train arrives on the platform and screeches to a halt. As the disappointed old parents move to the compartment holding their daughter, another family from the village coming on this train makes way to the gate. As the two families cross each other, the old parents hear the head of that family telling his wife:"One day we will conquer this Golden City". 

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The above is the story in brief of "Conquerers of the Golden City", a 1965 movie directed by Getin Gurtop. Constantinople or Istambul has been considered as the "Gateway to Europe" or "Gateway to Asia" depending on which side you are standing. Situate between Sea of Marmara and Black Sea, this 40 million populated city connects Europe with Asia. Its importance was even more during the days when travel between Asia and Europe was either through land or sea. Known as the Golden City, The 1965 movie referred above deals with the plight of migrant labour who move into large cities looking for work and a comfortable life. The crisis of migrant labour doing rounds in the time of COVID-19 has been there all the time, but its tremendous manifestation during the last three months has shook the conscience of those who have it. Coming with a lot expectations to the cities, realising harsh realities of city life the hard way, getting stuck in the slums without basic amenities, and often ending in the crime world are all appear too close for comfort.  

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Nagarame Nanni (or Nagarame Nandi) is a Malayalam Movie screened in 1967 and the plot is similar to the one of Conquerors of the Golden City. Written by M T Vasudevan Nair, directed by  A Vincent with Prem Nazir and Usha Nandini in the lead roles, this is considered as one of the best movies ever made in Malayalam. It the story of a family moving into the City of Madras (now Chennai) looking for better life in the city. The song "Nagaram Nagaram Mahasagaram" (meaning that the city is a big ocean) sung by K J Yesudas became a big hit along with other songs in the film. The film was also a success from the commercial angle.

K Balachander's 1977 Tamil Film "Pattina Pravesham" also has a similar theme. All these three movies refer to the life of migrants which turns sour in the city. High expectations denied in the end.

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Does it mean that all dreams of migrants lie shattered in the big cities with no chance of success? Are there no success stories of migrants in any of the films? A Kannada movie made in 1969 titled "Mayor Muthanna" gives the other side of the story. Muthanna, an illiterate village boy is thrown out of the area and forced to move into the city of Bangalore. He manages to move up by his hard work and ultimately rises to become Mayor of the city. The film with Dr Rajkumar as the hero, became a roaring success and is considered as a major milestone in the life of the actor as well. It was a commercial success too. The film gave two important personalities for the Kannada movie industry. It was the first movie directed by noted Director Siddalingaiah. It was also the first movie produced by Dwarakeesh who produced and directed many movies later on.

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Transfers of bank officers every two or three years is a part of their life. This is even more so for the Branch Managers and other senior executives. Every time there is a transfer, the person has to move into a new place and start all over again. More often than not, the moving is into an unknown place with starting from the scratch as far as personal life is concerned. No place is permanent and it is adventure all over again when the new transfer order is received. There are some lucky ones who manage to stay around a single place for several years, but the more common experience is otherwise. Each transfer brings with it new responsibilities as he becomes answerable to the happenings in the new branch.

All Branch Managers start their innings in the new place with the resolve that "Everything will be perfect" in the new branch. They promise themselves that they will not deviate from the rules set for functioning of the branch and ensure that everything they do in the branch will be just perfect. The promise made to oneself is the one of conquering the golden city. 

In the early 70s, the new Branch Manager would arrive at the branch before the old Branch Manager left the place. There would be a period of one week or ten days for handing over and taking over charge. The two would sit together, see and discuss branch related issues, visit important customers and personalities etc. There would be a document signed by the two, recording the date of handing over and taking over a branch with branch business figures and other relevant details. 

With large expansion of banking network and shortage of manpower, this charge change procedure became a luxury that bank's could not afford. The style of conducting business and styles of managing a bank branch also changed tremendously. This resulted in doing away with this formality of charge change system. Nowadays, a Manager leaves the old branch by handing over the charge temporarily to his second-in-command and proceeds to his new place of posting. He then takes charge at the new branch from the one holding temporary charge at that office. This process continues on and on.....

The role of a Branch Manager when he takes charge of a new branch is not one of an auditor. Branch Manager is basically a development man. Business Development is the basic purpose of the existence of a bank branch. He should remember that his predecessor also started at the branch with the goal of "Everything will be perfect". Despite his best efforts certain distortions might have crept in. Just as his predecessor, the present man is also starting with a promise that "Everything will be perfect". But there may be some distortions developing in due course for various reasons. 

The show goes on.......

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How would the dream of a new Branch Manager turn out to be when he leaves the branch a couple of years later? Would it be like the "Conquerors of the Golden City" or like "Mayor Muthanna"? Time will tell. 

The present generation of bankers managing bank branches are tech savvy and have their hands on the pulse of the market. They have abundant opportunities to learn the skills of managing branches efficiently. For every one problem story there are ten success stories. The industry is going through difficult phase now, but that is not new to banking industry. It has seen many ups and downs and emerged stronger from each crisis. Each problem will have a new answer. Task is always difficult but it is one industry that is growing year after year even in times of great adversity.

The hardworking and skilled young bankers will always succeed!

Coach, Teacher and Mentor

The word "Mentor" is often used in present day situations. The words "Coach" and "Teacher" are also used in similar contexts. Are they synonyms or is there any difference between these three words?

To understand the origin of the word "Mentor", we have to turn to Greek mythology. "Epics of Gilgamesh", "Iliad and Odyssey" and our own "Ramayana" and "Mahabharata" are reckoned among the oldest epics in the history of mankind. Homer's "Iliad and Odyssey" has the evergreen story of Helen and the Trojan War. Helen of Troy is considered as the most beautiful woman ever born in reality or fiction.  "Was this the face that launched a thousand ships? And burnt the topless towers of Ilium? Sweet Helen, make me immortal with a sweet kiss.....", says Christopher Marlowe in his poem titled "The face that launch'd a thousand ships". Odysseus, King of Ithaca was one of the men who wanted to marry this beautiful girl. When Helen's mother Queen Leda's husband (not father because Greek God Zeus is considered as her father)  and King of Sparta, Tyndareus decides that it is time for Helen to marry, Odysseus convinces him to make all the innumerable suitors to take a oath to accept the choice of Helen and support her husband when the need arises in future. Helen chose the prince of Mycenae, Menelaus. They lived happily for sometime and Menelaus even became King of Sparta. On the advice of the Greek Goddess Aphrodite, Prince of Troy Paris comes to Sparta and sees Helen. On a day when Menelaus is away in Crete, Paris takes Helen to Troy. Some versions say she was kidnapped and some others say she was seduced by the charms of Paris and went willingly. When Menelaus returned and found that his wife was gone, he sought the assistance of the former suitors of Helen to wage a war on Troy, as per their previous agreement. Having been the one to suggest such an arrangement, Odysseus was in the forefront of those who went to Troy to bring back Helen.

When Odysseus left for the Trojan war, his son Telemachus was an infant.  Odysseus did not return for twenty years and Telemachus grew up into a young man in the meantime. Telemachus went in search of his father and met his father's friend by name "Mentor". It is said that Greek Goddess Athena took the appearance of Mentor and guided young Telemachus at different times to search his father. Father and son duo return to Ithaca and ensure the defeat of the many suitors who had camped in their house seeking the hand of Penelope, Odysseus's wife and Telemachus's mother. Since Mentor encouraged Telemachus to stand up to all the suitors of his mother and find his father, the word "Mentor" has come to stay to denote a "wise and trusted counselor who imparts wisdom and share knowledge to solve personal problems".

The origin of the word "Coach" is said to come from Hungary. Hungarian city of Kocs is credited with being the first place to make carriages which are used to carry people from one place to another. In those days coaches were drawn by horses and were used as one of the earliest means of transport. The word coach is used even today in railway and other transports. "Sleeper coach" and "Luxury coach" are examples of such usage. In air transport also "Coach Class" is used by many airlines to denote "Economy class". This aspect of carrying people from place to place was later used to identify a person who could carry a less able student to pass an examination or a course, and was called a "Coach". In our childhood, coaching classes were a popular name for according special training to students who have failed in an examination to appear and get through a supplementary examination later on. This term is now used extensively in the field of sports. The word now denotes anyone who acts as a person to guide the youngsters in his charge to achieve excellence in their chosen fields or disciplines. Nowadays there are even teams of coaches and assistants to attend to the various requirements of the activity called coaching.  As defined by Cummings and Worley, "Coaching is a development process whereby an individual meets his wards on a regular basis to clarify goals, deal with potential stumbling blocks and improve their performance".

The word "Teacher" has its origin in the word "Teach".  "Teach" takes its form from "Index finger" and indicates to "show or point out" or "give instruction". On-line dictionary defines a teacher as one who teaches or instructs, as a profession. A teacher usually teaches in a public place where a number of students come to learn. If the teaching is done privately or at home, a person imparting education thus is called as a "Tutor" (man) or "Governess" (woman). A teacher of a higher rank doing the same job in a place of advanced learning like a University is called a "Professor". He is a person who professes (lays a claim to) as an expert in a particular field.

In the background of the above, the three words can be said to have the following characteristics and differences:

• Coaching is an intervention that is highly personal and usually involves a one-to-one relationship between the coach and those coached. Teaching is a general activity of instructing or imparting education in a public place where a number of students enroll themselves. Teachers follow structured learning and process is based on a course curriculum. Mentoring is a personal developmental relationship in which a more experienced or more knowledgeable person helps to guide a lesser experienced or lesser knowledgeable person.

• The relationships are called Coach and Coachee or more commonly client, Teacher and Student and Mentor and Protege or Mentee respectively.

• A coach often has the freedom to choose his clients whereas a teacher instructs a class entrusted to him and does not enjoy this freedom. In mentoring, the relationship between mentor and mentee is more sensitive and is usually between two persons in the same organization or profession.

• Coaching and Teaching can be at elementary levels whereas Mentoring generally happens at a higher plane.

• Coaching and Teaching are formal processes whereas Mentoring is more of an informal process.

• Coaching and Teaching can be professional activities whereas Mentoring is more voluntary in nature. Coach and Teacher are paid a remuneration for their efforts whereas there may not be such payment in Mentoring.

• Coaches have technical expertise while teachers have professional qualifications. Mentors are chosen on the basis of their experience and skills and are paired with a less experienced colleague in the organization or profession. Peer mentoring is often an informal activity and revolves around hand-holding in crucial phases of development.

The above characteristics are general in nature and cover the broad contours of the three activities. There can be many instances wherein a coach or a teacher may emerge as a mentor for a few of their wards or students. One such example is of the famous combination of Ramakant Achrekar and Sachin Tendulkar. Achrekar has been a coach for many but Tendulkar considers him as more than a coach, a mentor.

In Mahabharata, Krishna was a mentor for Arjuna. Shakuni was Duryodhana's mentor. Results are there for all to see. Among the famous Mentors and Mentees are Chanakya and Chandragupta, Aristotle and Alexander the great, Bobby Charlton and David Beckham, and more recently Rahul Dravid and Ajinkya Rahane.

To be a Mentor is not a matter of pride; it is a rare privilege and distinction. It is far-removed from arrogance; humbleness is its hallmark. To act as a Mentor is a wonderful opportunity to repay a small part of the investment made by the society in one's own development over the years.

Jayadratha, COVID and Limitation

Vriddhakshatra was the King of Sindhu Kingdom.  The name Sindhu Kingdom comes from the area being around the Sindhu River, referred by Alexander as Indus after he won the area in 325 BC. The state is now a province in the present Pakistan and shares a part of the border with Gujarat and Rajasthan. It has a long history and was always a prosperous state due to the fertile soil on the banks of the Sindhu River and its tributaries.

Vriddhakshatra was naturally overjoyed when his son was born and named him Jayadratha, the one who always commands a winning chariot or a winner in all wars. He grew up into a very tall handsome man. Since he was from Sindhu Desha, he was also known as Saindhava and Sindhu Naresh.  Even today, in villages tall persons are referred as Saindhava.  Vriddhakshatra handed over the Kingdom to Jayadratha in due course and left to the forests to lead the life of an ascetic. While doing so, he gave a boon to Jayadratha that any one throwing his head to the ground will be cursed and have his own head shattered into a thousand pieces.

Sindhu Naresh married Dusshala, the only sister of the 100 Kauravas. Duryodhana, the eldest of the 101 siblings, was very fond of Sindhu Naresh. Sindhu Naresh went to Kampilya for the Swayamvar of Draupadi, with the intention of marrying her having heard of her beauty. He failed to break the target set for the Swayamvar, like Duryodhana and many others. Arjuna, one of the Pandava brothers succeeded and later Draupadi became the wife of the five Pandava brothers. Sindhu Naresh naturally developed jealousy towards the Pandavas. This made the bond between Jayadratha and Duryodhana even stronger.

When Pandavas were in the midst of their 12-year Forest life, Jayadratha while passing through the forest found Draupadi alone near her hut. The Pandavas were gone on their errands like getting fruits, firewood etc. Jayadratha was welcome by Draupadi as he was the brother-in-law of her husbands and offered him hospitality he deserved. Jayadratha kidnapped Draupadi much against her wishes. Having come to know of the kidnapping Yudhishtira commanded his brothers Bhīma and Arjuna to follow Jayadratha and rescue Draupadi. Draupadi was rescued and Jayadratha was captured and presented before Yudhishtira. Yudhishtira excused Jayadratha considering his being the husband of Dusshala, but Bhīma tonsured Jayadratha’s head leaving five tufts. Jayadratha had to hide till the hair grew evenly and went to his Kingdom much later.

Unable to reconcile with his insult, Jayadratha handed over reins of administration to his trusted lieutenants and sat on a long penance to please lord Shiva. The goal was to get a boon to defeat Pandavas. He put froth his request to Lord Shiva when he appeared before him. Shiva told Jayadratha that it would not be possible as Arjuna has his Pashupata Astra.  Instead Shiva allowed him the strength to hold back the other four Pandavas on any one day of his choosing. Before Jayadratha could think of something else Shiva vanished. Jayadratha, now armed with the boon, waited for the right day.

Kurukshetra war between Kauravas and Pandavas offered him one such opportunity. Jayadratha naturally allied with the Kauravas. On the 13^th day of the 18 day war, Arjuna was weaned away from the main battlefield by Susharma and his army. Dronacharya arranged for “Chakravyuha”, an army formation in a circle to catch Yudhishtira. Except Arjuna none of the others knew of breaking this formation. Abhimanyu, Arjun’s son knew how to enter but did not know how to come out of the formation. The other Pandavas assured him that they would follow him and manage to break the formation. Jayadratha chose this day to use his boon. He stood at the entrance and blocked the other four Pandava brothers. Caught alone in the circle formation, Abhimanyu fought valiantly but was killed brutally by a combination of six Kauravas warriors.

Arjuna returned at the end of the day to learn about the sad episode of his son’s death. He held Jayadratha primarily responsible for the killing of Abhimanyu. His rage knew no bounds and declared immediately that he would ensure Jayadratha’s death before the sunset on the next day, the 14^th day of the war. He also vowed that in case he fails in his mission, he would burn himself to death by entering a raging pyre. The message spread like wild fire and reached Kauravas and Jayadratha as well.

The “Cause of Action” arose on various days starting from the kidnapping of Draupadi, continued with the blocking of the four Pandava brothers and culminated with the killing of Abhimanyu. The relief for the cause of actions was by repayment by taking away the life of Jayadratha. Arjuna was the executor. Limitation would expire at sunset on the next day. And as a corollary, Arjuna’s life would also end at sunset if he failed to achieve the goal.

Jayadratha was naturally scared. But other Kauravas warriors assured him that they would protect him till sunset on the next day.  A pit was dug in the middle of the army formation to make Jayadratha stand in it so that the tall man could not be spotted from a distance. Despite all his bravery and archery Arjun could not reach Jayadratha as all his efforts were spoiled by Kauravas army. Limitation was expiring. Everyone from both armies were looking at the Sun. As sun set and limitation expired, Jayadratha would be saved, but Arjun will be dead. Limitation became super important at this point in time. Kauravas wanted Limitation to expire, but Pandavas somehow wanted it to extend and not expire at any cost.

Krishna was not the one to allow the limitation to expire. He somehow managed to create an illusion of sunset. Kauravas were elated at the apparent expiry of limitation, but Pandavas were crestfallen. As Arjun lit the pyre for self-immolation, Jayadratha was encouraged to come out of the pit and see the glorious sight in person. Jayadratha came out of the pit. Krishna managed to lift the illusion, limitation had not expired and Arjun succeeded to kill Jayadratha. Krishna advised Arjun to send the head of Jayadratha to the faraway forest and fall in the lap of his father Vriddhakshatra. Startled at something falling in his lap, Vriddhakshatra got up suddenly, thus letting the son’s head fall to the ground. He fell a victim of his own boon and his head was blown into a thousand fragments. Krishna saved the Limitation and saved Arjun’s life twice that day.

The illusion of expiry of Limitation was the cause and actual availability of Limitation was the result of this entire episode. The saga that started many many years ago culminated thus, making it one of the key and dramatic scenes of the epic Mahabharata.

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What is Limitation Act?

In our country, Limitation Act, 1963 is an Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith. The Act prescribes the time within which actions are to be initiated for enforcement of rights prescribed under various Acts. An action initiated after this period of limitation is to be rejected as time-barred. The act provides a timeframe beyond which the defendants are protected from actions through courts of law.

Why Limitation Act?

Limitation Acts are enacted with the following basic objectives:

• There should be a definite time before which legal rights are to be enforced as a perpetual threat of legal action is not conducive to life in a civil society. If this is not available, the system may end up in more cruelty than dispensing justice.
• Any action must be initiated and decided before the evidences are lost, witnesses die or situations change so drastically that the balance of justice tilts in favour of any one party for dispute.
• All parties must have a definite idea about the time frame available to them for resolving any disputes that may arise in future, much before they enter into transactions or contractual obligations, creating mutual rights and obligations.

Scheme of Limitation Act

Schedules to the Limitation Act provide a three column chart giving the application of the act containing (a) Description of Cause of Action (b) Period of Limitation and (c) Date from which the period of Limitation starts. Though general perception is that limitation period is three years, it is not so and actually depends on the type of action, contract or applicable provision.

A simple example is one of a loan transaction with a bank. General understanding is that the period of limitation is three years from the lending date. But in case of “Mutual and Open Current Accounts” it is actually three years from the last date of the calendar year (the close of the year, as per the act) in which the last item admitted or proved is entered in the account; such year to be computed as in the account. Thus, in respect of a Cash Credit or overdraft account with a bank the period of Limitation will be more than three years. If the last admitted transaction is on 14^th July, 2017, the limitation extends up to 31^st December, 2020, since 31^st December, 2017 will be the last calendar date of the admitted transaction entered in the account.

In case of a term loan account with a bank also, the limitation is three years from the date an instillment in the account falls due. In term loans there are multiple limitation dates, unless the account is recalled when all future instillments will also be treated as having fallen due at once.

To enforce payment of money secured by a mortgage or otherwise charged upon immovable property, it is twelve years from the time money sued becomes due (and not the date on which it is lent).

However, as a matter of abundant precaution, bankers do not fall back on these provisions and rely on the dates of documents itself, to avoid the challenge of proving an admitted transaction.

The period of Limitation is always to be computed with reference to the cause of action and applicable period as per the schedule to the Limitation Act. A careful scrutiny of the nature of the transaction, cause of action and applicability of the schedule part of the Limitation Act becomes very important while handling such issues in the organisation.

There is no Limitation holiday

Section 9 of the Limitation Act mandates that the period of limitation runs continuously and is not stopped by any event. (One exception is for the duration of the period for which the borrower is out of the country. such period can be excluded while computing limitation). Thus there is no Limitation holiday and it is like a ticking time bomb. It explodes on the date set for it. However, there is a provision to rewind this ticking time bomb by certain actions of the contracting parties, as mentioned in the Act itself. The period of Limitation can be extended by:

• An acknowledgement of debt by the borrower or his authorised agent.
• An acknowledgement with promise to pay extends limitation and creates a fresh cause of action by rewinding the ticking bomb.
• An acknowledgement is a must. An acknowledgement without promise to pay is fine. An acknowledgement with refusal to pay is also fine.
• Part payment of the dues by borrower or his agent also extends limitation. A part payment by an unconnected party (say Branch Manager himself pays some amount to extend Limitation) does not extend Limitation.
• Unless there are firm documents to make this claim, the lender may have to prove his claim to adduce evidence as it becomes a question of fact.

Condoning delay by Courts

Section 5 of the Act gives freedom to the courts to admit and condone delay if the applicant can show sufficient cause for any delays. This is left to the judicial discretion of the courts and not an arbitrary exercise of power.

When courts are closed

Courts are closed on certain days due to holidays or unforeseen circumstances. What should the affected parties do in such cases, if the limitation expires on the day courts are closed? Section 4 of the limitation act provides relief in such cases. It reads as under:

When the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens.

Explanation given to the section also states that “A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day”. Thus if the court is not open for the full normal working hours and there is disruption even part of the day, it gives relief to the litigants.

It is to be noted that the above provision does not extend limitation, but only provides for filing of the suit on the day court reopens. There is no extension of Limitation and it is only extension of relief.

Bankers, CORONA and Limitation

There are many interesting discussions going on about application of Limitation period for banking transactions and cases during the lockdown due to Corona Covid-19. Let us take some specific cases and see the applicability of Limitation Act, 1963 to them.

For the purpose of this discussion, 17^th March, 2020 (Tuesday) is taken as the date on which courts have closed for Corona issue, though it may slightly vary from court to court. Some courts including Supreme Courts have been accepting urgent matters hearing through Video Conferencing, but this does not make them as working to full capacity. Hence Section 4 of the limitation act is in operation.

Case 1: A loan transaction on which limitation has expired on 14^th March, 2020. Bank should have filed suit on 14^th March, 2020. If not done, limitation is lost.

Case2: A loan transaction on which limitation has expired on 17^th March, 2020. Bank can file suit on the day of reopening day of the court of appropriate jurisdiction. It cannot be beyond that date. (An acknowledgement of debt obtained after 17^th March but before reopening of the court does not extend limitation). If for any reason bank is unable to do so (due to confusion, rush, or any other such eventuality) on the day of reopening of the court, bank may make an application of condoning of delay under Section 5 of the Act, but there is no guarantee that it will succeed. The condoning is left to the judicial discretion of the court.

Case 3: A loan transaction on which limitation has expired on 30^th March, 2020. Bank can file suit on the day of reopening day of the court of appropriate jurisdiction. It cannot be beyond that date. (An acknowledgement of debt obtained after 30^th March but before reopening of the court does not extend limitation). If for any reason bank is unable to do so (due to confusion, rush, or any other such eventuality) on the day of reopening of the court, bank may make an application of condoning of delay under Section 5 of the Act, but there is no guarantee that it will succeed. The condoning is left to the judicial discretion of the court.

Case 4: A loan transaction on which limitation expires on 15^th April, 2020 and court reopens on that day. Suit should be filed on 15^th April, 2020.

Protection to the Defendants under Section 3 (1) of the limitation Act and Order VII Rule XI of CPC

As discussed earlier, one of the objectives of Limitation Act is to protect the rights of the defendants. The right of the Plaintiffs/Applicants is protected by giving reasonable time of Limitation from the date of “Cause of Action”. Similar right is due to be given to the defendants as well. Section 3 (1) of the Limitation Act, 1963 and Order VII Rule XI of CPC (Civil Procedure Code) make it necessary for the Presiding Officer (Judge) to look into three things before taking the suit into consideration:

• Whether the court has jurisdiction over the subject matter of the suit;
• Whether appropriate Stamp Duty has been paid by the Plaintiff; and
• Whether the suit is prima facie filed within period of Limitation.

Judgments of superior courts have reiterated that the suit may be dismissed any time thereafter also on these grounds. These provisions also stipulate that the plaint may be dismissed even if limitation expiry is not set up as a defense. It is for this reason that as per established practice, Plaints make specific averments on these three issues.

Let us take an example of a plaint with 20 paragraphs. Para 20 deals with the “Prayer” part where the applicant/plaintiff makes specific requests about the relief to be given by the court. In a money suit it may be for passing a decree for recovery of dues and future interest and costs. In a mortgage suit it may be for selling the property and recovery of monies, interest and cost etc. Para 19 deals with the “valuation of suit” for purpose of payment of stamp duty and the fact of having paid the same. Para 18 specifically deals with the various dates on which “Cause of Action” arose, the jurisdiction of the court and availability of Limitation at the time of filing of the suit.

All the above discussions are within the available legal framework before COVID occurrence.

Delhi High Court and Supreme Court observations on COVID Holidays

An excellent article dated 6^th April, 2020, in barandbench.com analyses the effect of COVID holidays on Limitation. It refers to the Delhi High Court order as under:

The issue of limitation was first addressed by the High Court of Delhi in the office order dated March 23, 2020 wherein the following directions were passed:

“Lockdown/Suspension of work of Courts shall be treated as “closure” within the meaning of the Explanation appended to Section 4 of the Limitation Act, 1963 and other enabling provisions of the Act and other Statutes, as may be applied to court proceedings. Thus, the limitation for any court proceeding shall not run w.e.f. 23.03.2020 to 04.04.2020 subject to further orders.”

It also mentions of the Supreme Court observations in a case before it, as under:

"To obviate such difficulties and to ensure that the lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under general law or Special laws whether condonable or not shall stand extended w.e.f. 15th March, 2020 till further orders to be passed by this Court in present proceedings."


In view of the above two observations we have to watch out for the following:

• Whether the applicability of COVID holidays/disruptions to the functioning of the courts will be limited to the scope of Section 4 of The Limitation Act, 1963?
• whether Supreme Court would give some relief to litigants due to the likely rush in courts immediately after resumption of work by the Courts, especially in the background of the devastation caused by COVID on social and commercial life?
• Whether the period of closure of Courts right now will be treated as a "Limitation Holiday" for the purpose of computation of Limitation in applicable cases?
• In case the above contingency becomes a reality, what would be the exact nature of the reliefs that would be so granted?

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Whether Sindhu Naresh's death at the hands of Arjun aided by Krishna was in order?

Whether COVID holidays for courts will be a Limitation Holiday?

Opinions are divided. The jury is still out....

Kashi, Varanasi and Banaras

The three names Kashi, Varanasi and Banares are used to mention the same place, situate on the banks of the river Ganga in the state of Uttar Pradesh in our country. A recent visit to this ancient and holy city set me thinking about the the three names and their origin. The history of the city and its fame stretch to over 2,000 years and makes an interesting past and present. Many Indians consider a visit to this place a life's goal and ambition. Having a population of over a million people today, it has been an educational, cultural and commercial centre for several centuries. Home for the famous Kashi Vishwanath Temple, Banares Hindu University and the numerous Ghats on the banks of the river Ganga, it is also famous for its Banares Silk Sarees and other commercial attractions. Sarnath, a seat of Buddhist pilgrimage has also now become a part of the city. With Allahabad, now renamed as Prayagraj on the West and Gaya on the East, it is the centre of the Trinity of pilgrimage cities for the Shraddalu people of several generations.

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Kashi Mahajanapada, Kingdom of Kashi as known in the yesteryears, referred to the areas in the region around the present Varanasi City. This Kingdom is said to have reached its peak around 2,600 years ago. At that time kashi was bigger than Varanasi and covered large areas of present East UP and Bihar. The kingdom stretched up to the banks of the Son (Sone) river in present Bihar. Sone is the second biggest tributary of Ganga, second only after Yamuna. Sone river flows 5 Kilo meters  wide near Dehri Town, though not much water can be seen in summer months. Kashi Kingdom in those years covered the present Bihar districts of Bhojpur, Rohtas, Kaimur and Buxar as well. There is a Kashi Railway Station in Varanasi even today, on the banks of the river Ganga. It is located in between Varanasi Junction and Mughalsarai Junction, 6 Kilo meters east of Varanasi Junction and 11 Kilo meter Northwest of Mughalsarai, renamed last year as Deen Dayal Upadhyaya Junction.

A scholar from anywhere in India was not considered complete unless he travelled to Kashi and gained the approval of the scholars there. Many learned luminaries from South and Westren India went to Kashi, stayed and learned there for sometime and made their marks on the history of our country. The word "Kashi" is said to have been derived from the word "Shine" due to the city's shining on account of both being a seat of knowledge and lights illuminating it in the nights. The word Kashi is even today associated with Vishwanath, the presiding deity of the city. 

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The name Varanasi is derived from the area between two rivers Varana and Assi. These are the two tributaries of Ganga merging with the big river on the north and south side of Varanasi respectively. Assi river has now become a small stream due to urbanisation and difficult to recognise. However, the point at which the river merges with Ganga is known as Assi Ghat and is an important ghat among the many on the banks of the river. This is the place where Prime Minister Modi launched Clean Ganga project in 2014. 

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The name Banaras (or Benares or Banares) is of much recent origin. Banaras Zamindari Estate is said to have taken the form of Banares Princely State during the time of Raja Balwant Singh of the Narayan Dynasty, in the 18th century. It was recognised by the British India rulers in 1910. After the country became independent, the last Maharaja of Banaras State, Vibhuti Narayan Singh, signed the accession of the state to the Indian Union on 15th October, 1948. The rulers of this dynasty are even today referred as Kashi Naresh and highly revered. They live in a palace known as Ramnagar Fort, on the southern bank of the river Ganga (See the picture). It is said that Pandit Madan Mohan Malaviya approached the then Maharaja for grant of lands for establishing Banaras Hindu University, in the early years of the last century. Kashi Naresh is said to have told him to start walking from morning and continue till evening and whatever area he covered would be given to the university. An area of 1,300 acres of land was donated to the university by the Maharaja. The vastness of the university is seen to be believed. There is a beautiful Kashi Vishwanath Temple within the University campus.  

Vibhuti Narayan Singh was a great scholar in Sanskrit and Oriental Literature. He studied at Banaras Hindu university. He later on became the Chancellor of the University as well. Unlike many other Maharajas who entered politics after Independence, V N Singh devoted his life for service in the education and cultural fields. He continued and strengthened the Dasara and RamLila celebrations in Varanasi by inaugurating them every year on a procession (see picture), resembling the Jambu Savari celebrations at Mysore.

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Vibhuti Narayan Singh was a classmate of another great scholar, Bhagirath Prasad Tripathi, more known as Vagish Shastri. Vagish Shastri is known as "Modren Panini" (see picture) and developed a method to learn and remember Sanskrit Grammar in easy ways. His learning methods have helped many scholars from the west learn Sanskrit and carry the knowledge of our ancient literature to their countries. Once he heard the recording of famous Pop singer Madonna, singing Adi Shankaracharya's Yoga-Taravali (Vande Guroonam Charanaravinde....) and expressed his displeasure about her pronunciation. Madonna later approached him and he taught her the proper pronunciation of the verses! The recording of madonna's Yoga Taravali can be heard on YouTube. 

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A visit to Varanasi was indeed an opportunity to recall the many things like these, learnt and heard on different occasions. The stories and history of this wonderful place keep repeating in the mind many times over.....

The One handed Jacks

Corona Virus has pushed many things in life by several years. It has also brought in many past things once again to the forefront. The most popular serials of yesteryears "Ramayan" and "Mahabharat" have been brought back on the screen by Doordarshan. Seen unfailingly by millions when they were first telecast and viewed off and on Youtube, these serials are still in great demand. Even now there are vast sections of viewers who have made viewing them today a part of their daily routine.

Some characters make their appearance in both these epics. Lord Hanuman for example. There are many others as well. But there are many small characters who are mentioned in both the epics, but not form a part of these serials. Sunda and UpaSunda  are two such characters. Their reference comes in Ramayana in Baala Kanda and in Adi Parva of Mahabharata. The story of Sunda and Upa Sunda is indeed very interesting. It is not only interesting in itself but also provides characters who play vital roles in the epics themselves later on.

After Arjun wins the challenge in Draupadi Swayamvar and brings her to their hut, he playfully tells the mother, who is inside the hut, that they have come back with "Bhiksha" (alms) of the day. Unknowing the reality, Kunti immediately tells him that all the five brothers should equally share the day's bringing. As she comes out of the hut, she is confronted with reality. Then Lord Krishna arrives and explains the past of Draupadi, her penance and seeking a husband five times at a stretch. The boon has now become a reality and she has five husbands. One problem is solved and another is string at all the six of them.

It is at this stage that Sage Naarada appears before them and advises Yudhishtira to have a rule and not fight among themselves like Sunda and UpaSunda and destroy themselves. A satisfactory arrangement was reached and the issue was sorted out.

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Who are these Sunda and UpaSunda? They are the sons of NIkumbha, a member of Hiranyakashipu family. Sunda was the elder and UpaSunda was the younger. The word Upa means the "following or young". We are familiar with Indra and Upendra. Vamana was born much later as Indra's brother and as he is the younger brother of Indra, he is also called Upendra. Similarly Sunda and UpaSunda. The two brothers were very strong and powerful. Together they did a great penance addressing Lord Brahma with the intention of becoming immortals. But Brahma would not give such a boon. The two brothers were very fond of each other and more than best friends. So they thought of a boon which would be a trap for Brahma and make them immortals. They requested Brahma to give them a boon that no one could kill them except each other. Brahma smiled and gave the boon. The two brothers were very happy because they could not imagine a situation where they would be made to fight each other. With their strength increased even more due to the boon, they conquered the whole world and drove away Indra and others from heaven as well.

The boon was for their not being killed by others, but in one of the wars with the opponents, the left hand of Sunda was cut off. Though the brothers ultimately emerged victorious, Sunda was very sad for having lost the left hand. In order to comfort his elder brother, UpaSunda took the severed left hand of Sunda and made a Mace from it. With the Mace in his right hand, Sunda's original power was restored and he was back to normal. The one-handed Sunda with his mace was even more powerful than the original Sunda! The one handed Jack was now at his best. With new found energy, the two brothers wrought havoc on the three worlds. 

Unable to stand up to the combined powers of the two brothers, all the affected groups requested Lord Brahma to save them from the evil brothers. Brahma called Vishwakarma and ordered him to make a life size doll of the most beautiful girl ever created. Viswakarma took the best smallest particles of the size of Til from all living celestial girls and made a wonderful doll. Til is a small grain of the Sesame family, and Til Oil is famously used in cooking. Til is also widely used in death ceremonies.  The doll when finally created was given life by Brahma and named as "Tilottama" since she was the best by a Til's margin when compared with all other girls. 

Tilottama went near the two brothers and brought them under the spell of her beauty. The two brothers wanted to marry her. Neither was willing to yield ground to the other. Tilottama told them that she would marry the more powerful of the two. It then became necessary for them to show her who was stronger among the two. The two fought each other for the girl, forgetting their brotherly and friendly love and ultimately killed each other!

Maareecha and Subahu, the two Demons who were interrupting Sage Viswamitra's Yagnas  were the sons of this Sunda. Subahu was killed by Sri Rama. Maareecha was thrown far off. Ravana persuaded Maareecha much later to appear as the "Golden Deer" to wean away Sri Rama from Seetha and facilitate kidnapping of Sita by Ravana. Maareecha as the Golden Deer was also killed by Sri Rama. 

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Tilottama is, therefore, considered as more beautiful than the other celestial Nymphs like Rambha, Urvashi, Menaka, Ghrutachi etc. There was a 1951 Telugu film by name "Tilottama" made with Akkineni Nageswara Rao and Anjali Devi (dual role), but with a different storyline. Wadia Brothers were famous film makers of Bollywood of those days. The younger Wadia brother, Homi Wadia made a film by name "Tilottama" in 1954. Those were the days of popular mythological movies with special effects. Babhubhai Mistri, better known as "The Father of Indian Trick Photography" directed the movie. The scenes with trick photography were very special for the audience in those years. Music was provided by S N Tripathi. Songs like "Phoolonse Maarna" and "Jab Jab Nikalega Chand" sung by an upcoming artiste Asha Bhosle were hugely popular. It was well received in the box office as well. Later on many other movies were made in Malayalam, Bengali and other languages. Some of them have the name Tilottama, but are social movies as well. 

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Karoly Takacs was born in 1910 in Hungary and joined the Army as a young man. He was a wonderful shooter and by 1936 he was expected to win an Olympic Gold Medal in shooting for his country. He was not allowed to participate in 1936 Olympics as he was only a Sargent and not a Commissioned Officer then. Nevertheless, he practiced shooting relentlessly. Unfortunately, during one of the training days in the Army in 1938, a faulty grenade exploded seriously injuring his right hand making it useless. Takacs continued his practice with his left hand. People made fun of him, but he continued his practice secretly. To his bad luck, Olympics were cancelled in 1940 and 1944 due to Second World War. But he succeeded in winning the Gold Medal in 25 metres rapid fire pistol event with his left hand at 1948 London Olympics. He retired as a Lt. Colonel and became a successful coach later on. The story of Karloy Takacs untiring efforts is an inspiring motivational anecdote even today.

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Shawn Callahan is one of the famous and leading business story telling consultants. He is the author of the award winning book "Putting Stories to Work". His popular story titled "The One Arm Boy" deals with the story of a boy without the right hand who joined a Karate Club. He was keen to compete in a Karate Tournament. His coach agreed and taught him only one move. When the boy wanted the coach to teach other moves, coach refused and advised him to practice that one single move and achieve perfection in it. The boy grumblingly agreed and entered the tournament. He won the first round, then the second round and finally entered the finals as well. To the utter surprise of everybody he won the tournament final as well and became the champion! When the boy asked the coach after the tournament why he was taught only that one move, the coach replied: "The only defence for that one move for the opponent was to grab the right hand of the attacker!" The one handed Jack did hot have that right arm making the opponent was defenceless! The weakness itself turned out to became the greatest strength.

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A small slip on the uneven steps at the entrance of the Park on the way back from the usual morning walk caused a fracture on the wrist. The resultant plaster put the left hand out of commission for several weeks. I was myself a "One handed Jack" for some weeks. Managing the daily chores of life with one hand was indeed a challenge as well as an opportunity. It also provided time to contemplate on the "One Handed Jacks". Unable to use the left hand effectively, I was off from my blog posts during this time. This is the first post since about three months.

We do not understand the value of many things including our own god given organs. The value of a little finger is known only in such times. The Little Finger is not that Little, after all!