Project Report
Legal Language
Topic:
Vigilantibus non dormientibus
jura subveniunt
Vijendra Yadav
Roll No.
LL.B. 1st Year
Vigilantibus non dormientibus jura subveniunt
Literal Meaning
The laws serve the vigilant, not those who sleep.
Explanation & Origin
Latin: the law assists those that are vigilant with their rights, and not those that sleep
thereupon.
Law will help only those who are vigilant.
Law will not assist those who are careless of his/her right. In order to claim one’s right,
she/he must be watchful of his/her right. Only those persons, who are watchful and careful
of using his/her rights, are entitled to the benefits of law. Law confers rights on persons
who are vigilant of their rights.
Usually, law prescribes statutory limitations for enforcing one’s relief against another. One
cannot institute a suit after the prescribed statutory period. A person who has kept mum
during the statutory period cannot claim for the enforcement of right after the statutory
limitation.
Illustration
Art. 19 of The Limitation Act of 1963 says that for money payable for money lent – Period
of limitation is 3 years – Time from which period begins to run: When the loan is made.
This means, when the money is lent as loan, a suit for recovery of that amount has to be
filed within three years from the day on which the money was lent.
If X lent Rs.1,00,000/- to Y on 01.01.2000, if X want to file a suit against Y for the recovery
of the same, he/she need to file the suit within three years, i.e., 31.12.2002. If the suit is
filed after 31.12.2002, the Court will dismiss the same on the ground that the claim is
barred by limitation.
Case Reference
Tilokchand Motichand & Others vs H.B. Munshi & Another [(1955) 1 S.C.R. 168]
In this case forcement of the maxim, Vigilantibus, non dormientibus jura subveniunt. Under
peculiar circumstances, however, excusing or justifying the delay, courts of equity would
not refuse their aid in furtherance of the rights of the party; since in such cases there was
no presence to insist upon laches or negligence, as a ground for dismissal of the suit; and
in one case carried back the account over a period of fifty years.
B.L. Sreedhar & Ors vs K.M. Munireddy (Dead) And Ors. [AIR 2003 SC 578]
In this case it was held that Delay defeats equities, or, equity aids the vigilant and not the
indolo Vigilantibus, non dormientibus, jura subveniunt.”
Smt. Vanka Radhamanohari vs Vanke Venkata Reddy And Ors. [1993 (2) BLJR 875]
In this case it was held that The general rule of limitation is based on the Latin maxim:
vigilantibus, et non dormientibus, jura subveniunt (the vigilant, and not the sleepy, are
assisted by the laws). That maxim cannot be applied in connection with offences relating to
cruelty against women.
Beg Ram and Anr. vs Charan Das And Others [16th May 1955]
In this case it was mentioned that On the principles, however, that the interests of the State
require that a period should be put to litigation (Interest reipublicae ut sit finis litium), and
that a party who is not prompt in asserting his claim does not deserve the aid of the State in
enforcing it (Vigilantibus, non dormientibus jura subveniunt) it is necessary that the
exercise of every right should be subject to a period of limitation. A right of revision, though
more limited in scope than a right of appeal, is nonetheless a right, so that, if no period of
limitation is specifically prescribed therefore in the Limitation Act it is expedient that the
ninety-days rule of limitation in the case of an appeal should also be adopted in the case of
a revision.