LAW OF EQUITY PROJECT

TOPIC:

DELAY DEFEATS EQUITY

MADE BY: NIHARIKA SINGH

COURSE: B.A.LL.B(H)2015-2020
SECTON: ‘D’
ENROLLMENT NO: A11911115077
INTRODUCTION
Equity always assists those who are active in respect of
their rights. It does not assist those who are careless in
respect of their rights. Once the party knows they have
been wronged, they must act relatively swiftly to
preserve their rights because delay defeats equity.

MEANING
It means that if a person is indolent to claim a remedy
for the wrong committed to him then court will refuse
to grant him any relief.

Basis of maxim
This maxim is based on a Latin expression

‘Vigilntibus non dormientibus jur a subveniunt’

Equity aids the vigilant and not the indolent or in other

words delay defeats equity. The maxim is based on
public policy.

Explanation of Maxim
VIEW OF LORD CAMDAN
A court of equity has always refused to aid stale
demands, where a person has slept upon his right and
acquiesced for a great length of time. Nothing can call
forth the court into activity but conscience, good faith
and reasonable diligence where these are wanting, the
court is passive and does nothing.

REFUSAL TO AID STALE DEMANDS

Equity does not aid to stale demands. Equity maintains
that if a person is passive in respect of this rights equity
can’t help that person in redressing the wrongs
committed to him, a person must not be slumber.

RATIONAL BEHIND THE MAXIM

Everybody has right to demand justice but demand of
relief must be made in reasonable time. Courts have
always discouraged the multiplicity of litigations. This
maxim is designed to promote diligence on the part of
suitors.

VIEW OF SNELL
Delay which is sufficient to prevent a person from
obtaining an equitable relief is technically called laches.
Circumstances Where Delay Is Fatal
 Abandonment or release of right
Abandonment or release is fatal for the claim of the
person whose rights have been infringed. Once right has
been released can’t be redressed

Illustration
A is delayed in instituting his suit for his claim because
of an agreement between him and B. in this agreement
A gives up his claim.

 Destruction of evidence of respondent

A delay in which loss of evidence has occurred by
which the rebuttal of claim was possible is fatale for the
cause of plaintiff

Illustration
A filed a suit against B, there was a delay in filing of
the suit during which the evidence which B had to use
to rebut the claim burnt in fire in his office. Here B can
claim the dismissal of case on basis of this maxim.

 Alteration of the position of Defendant

If defendant was induced to alter his position on the
ground the plaintiff has abandoned his claim. Maxim
will apply

 Acquiescence
When a person with full knowledge of his own rights
and of any acts which infringe them has either at the
time or after the infringement , by his conduct led the
person responsible for the wrong to believe that the has
waived or abandoned his rights is called acquiescence.
It is frequently associated with laches.
It is different from agreement.

Circumstances when delay is not fatal

 Application of statute of limitation
When the statutes of limitation applies expressly maxim
does not apply. If the statutes of limitation provide that
the claim can be asserted after the limitation period then
in such case this maxim does not apply.

 Non application of statutes

The delay is not fatal when no statue applies and matter
is covered by ordinary rule of laches.
  Application of statues of limitation by analogy
Maxim does not apply where statute of limitation is
applied by analogy.

 If explanation of delay provided

If the plaintiff does not assert his right even beyond the
statute of limitation but provides the reason for such
delay, then in such circumstances court may decide in
his favour and may find such explanation reasonable
enough to disregard this maxim.

LEGAL PROVISIONS
 Civil procedure code 1908
Under CPC if there is delay in claiming a right the
remedy can’t be obtained.

 Limitation Act 113

Under this section a suit must be filed within 3 years

 Transfer of property Act

There are several provisions in this act which clearly
state that a suti must be filed within period of limitation
  Specific relief act 22
A person can be denied of specific performance of a
contract on the ground of the application of this maxim.

 Writ jurisdiction of High court 199

Writ jurisdiction of high court under article 199 is also
governed by this rule a person can’t claim the redress of
his grievance if he is guilty of unreasonable delay.

 Other Cases
The maxim is also applied in a case involving a trust, in
bills of review , in bills to redeem, proceedings to set
aside or modify judgments, accounting, discovering ,
partition, surrender and cancellation of instruments and
rescission of contracts.