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Diya Arvind   15 March 2022

legal maxim

Where is the maxim of "Allegans Suam Turpitudunem Non-Est Audiendus" used? Explain with an example.


 1 Replies

Aarushi   15 March 2022

The maxim of Allegans Suam Turpitudinem Non-Est Audiendus is a Latin phrase which means a party alleging his own infamy is not to be heard. This maxim means that a person who says before the Court that he has intentionally done a wrong cannot be trusted, neither can he take advantage of the wrong done.

ONGC Ltd. v. Modern Construction & Co.

In this case, the plaintiff/respondent was directed to file the suit again, this time before the Civil Court, Surat. Earlier the case was filed before a Civil Court, Mehsana, which had no jurisdiction to hear the case. When the decree was pronounced in the favour of the plaintiff, the defendant had to pay the original sum of money back to the plaintiff along with the interest from the period when the suit was initiated. While extracting the interest, the plaintiff claimed interest from the time when the suit was filed before Civil Court, Mehsana. In this regard, the Supreme Court held that since a new suit was filed before the Civil Court, Surat, the case before the Civil Court, Mehsana held no value. The apex Court applied the principal of Allegans Suam Turpitudinem Non-Est Audiendus and ordered that the plaintiff cannot benefit from his own wrongs, The fact that the plaintiff filed the suit before the wrong court was a fault on the part of the plaintiff, and the fact that such case went undertrial without notice from the Court was a case of negligence from the Court. If the plaintiff is allowed interest from the period when the first suit was filed, he shall be taking advantage of his own wrong, which cannot be accepted. Moreover, the filing of a new suit, eliminates any value that the previous one held.

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