Prem Aggarwal v. Mohan Singh 2025 INSC 1214 - Actus Curiae Neminem Gravabit

Legal Maxim - Actus curiae neminem gravabit- The act of the Court shall prejudice no one- It is founded on the equitable notion that no party should suffer owing to an error, delay, or inadvertence attributable to the Court itself. The Court, acting as in appendage of justice, cannot permit its own procedure or inadvertent lapse to occasion injustice. Accordingly, where a party has been disadvantaged by reason of an act of the Court, it is incumbent upon the Court to undo such prejudice and restore the party to the position he would have occupied but for such act- The Court’s authority must be exercised not to the disadvantage of litigants, but in furtherance of justice. After all, to err is human, and when an inadvertent omission is brought to the Court’s attention, it becomes the Court’s solemn duty to ensure that no party suffers on account of such mistake. In such circumstances, the Court is obliged to restore the party to the very position he would have occupied had the error not occurred. (Para 15)