Literal Meaning
An error not resisted is approved.
Explanation & Origin
Error Qui Non Resistitur, Approbatur is a legal maxim, used in India.
It means an error which is not resisted is approved.
An error which is not resisted is deemed to have been approved.
Thus , a person who knowingly makes it possible for another to commit fraud is equally culpable.
Illustration
If A’s property is being sold at auction and A who has title to it knowingly fails to raise any objection , then he forfeiture his title to it.
Case Reference
R Lakshmamma W/O Police N … vs S Dakshinamurthy S/O S Shanmugham [AIR 2002 SC 3588, 2003]
In this case the maxim error , qui non resistitur approbatur was applies which says that the act of the plaintiff, Ex-facie is illegal. His very contention that the defendant has encroached the property is itself is an error and a dishonest attempt. Further he has not rejected the suggestion that the defendant has put up construction in the year 1995 itself is a plain case of the plaintiff that he has made wrong submission before the court.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
