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dies non

Latin · DEE-ayz non · Latin maxims and phrases

Meaning. A day on which courts do not sit and no judicial business is done, such as a Sunday or holiday.

Dies non (short for dies non juridicus) is a non-judicial day. Proceedings taken on such a day may be invalid unless the law allows them, and periods of time are computed with such days in mind.

Section 4 of the Limitation Act, 1963 provides that where the prescribed period expires on a day when the court is closed, the suit, appeal or application may be filed on the day the court reopens. Section 10 of the General Clauses Act, 1897 gives a similar rule for acts required to be done in a court or office on a day it is closed. In service law, “dies non” also describes a period of unauthorised absence treated as neither duty nor leave.

Example

The limitation period ended on a Sunday, a dies non, so the appeal filed on Monday was in time under s.4 of the Limitation Act.

In Indian law

  • Section 4, Limitation Act, 1963
  • Section 10, General Clauses Act, 1897

See also

delay defeats equities

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