actus curiae neminem gravabit

If a party suffers loss because of the court's own act, delay or mistake, the court must undo that loss. A litigant should not be worse off merely because the court took time, passed an interim order that later turned out wrong, or made a clerical error.

Indian courts apply the maxim widely: to order restitution after an interim order is vacated, to save a party whose claim would otherwise become time-barred because the court office was closed, and to adjust interest or mesne profits after a stay. It is closely linked to restitution under s.144 CPC and to the court's inherent powers under s.151 CPC.

Example

Applying actus curiae neminem gravabit, the High Court ordered the tenant who had stayed on under an interim order to pay market rent for that period once his appeal failed.

In Indian law

• Section 144, Code of Civil Procedure, 1908 (restitution)
• Section 151, Code of Civil Procedure, 1908 (inherent powers of the court)

See also

restitution · inherent powers · nunc pro tunc · stay

Read more in the study notes

• Reference, review and revision; caveat, restitution and the inherent powers of the court (Civil Procedure Code and Limitation Act)