LAWS TO MISTAKE COMMITTED BY COURT

LAWS TO MISTAKE COMMITTED BY COURT

Act of Court - Mistake committed by Court is liable to be rectified on the basis of actus curiae neninem gravabit. 

2018(1) Civil  Court Cases 105 (T&A)

Act of Court - Ordinarily a party should not be prejudiced by an act of Court - Court shall always be ready and willing to rectify the mistake it has committed. 

2009(1) Civil Court Cases 597 (S.C.)

Act of Court - Shall prejudice no man unless sanctioned by law. 

2016(Suppl.) Civil Court Cases 613 (Hyd.)(DB)

Act of Court - Wrong done to a party by the act of Court - Court is under an obligation to undo the wrong - Any undeserved or unfair advantage gained by a party invoking the jurisdiction of 

the Court must be neutralized, as the institution of litigation cannot be permitted to confer any advantage on a party by the delayed action of the Court. 

2011(2) Civil Court Cases 0573 (S.C.)

Act of Court shall not harm anybody - The factor attracting applicability of the restitution is not the act of the Court being wrongful or mistake or error committed by the Court - The test is 

whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable has resulted in one party gaining an advantage which it would not have 

otherwise earned or the other party has suffered a impoverishment which it would not have suffered but for the order of the Court and the act of such party.