submission of
learned Counsel for the Respondents on the plea of non est factum - denial
or disowning of execution - for want of knowledge ... fact signed, the burden of establishing a plea of non est factum is on
the signatory seeking to disown the document and that party must
filing in the first or the second instance is a „non-
est‟ filing.
21. To answer these questions, firstly the statutory provisions ... before the Court. Thus, even the filing on 22.02.2019, was a
„non-est‟ filing.
O.M.P. (COMM) No. 97/2019 Page
disciplinary
authority is without authority of law and, therefore, non
est in the eye of the law. This plea of the respondent has
been accepted ... charge memo having not been approved by the
disciplinary authority was non est in the eye of the law.
56. For the reasons stated above
heard the appeal, however, found that it was a case of non est factum in which the onus lay upon the defendant to show that ... aware of what she was doing, the principle of non est factum would have to be applied in the case and granted a decree
Trial Court or the Court of Appeal below. A rule of non est factum which in full reads non est factum, scriptum, predictum non est ... Sami , a reference has been made to the doctrine of non est factum also. But this has been explained after a statement of the general
Sathiadev, J., that a suit instituted by an unregistered firm is non est in the eye of law and Sathiadev, J., held thus:
Learned counsel ... also proceeds on the basis that the suit earlier filed is non est in the eye of law.
To counter the contentions of learned counsel
entire transaction and both sale deeds were vitiated by fraud and non-est factum. The question arises for consideration is as to whether the parties ... seen that her defence is one of fraud and non-est factum. It is settled proposition of law, that the principle relating to non-est
Side) Rules. The defects of
non-attestation of the Affidavit / Statement of Truth cannot render the
filing non-est, as it is a curable defect ... mandatory, defect relating to Statement of Truth
cannot make the filing non-est. The Rule carefully refers to striking out
OMP(COMM) 26/2019 Page
according to the learned advocate for the petitioners, make the contract non est in law and it ceases only from the point of avoidance ... been a contract at all, viz., on a plea of non est factum, the foreign jurisdiction clause might not apply, yet non disclosure would merely
appellant Kashmiri Lal has been found to be false.
Doctrine of Non est factum; its development in England and India.
9. There is a well ... known doctrine which is known as doctrine of 'non est factum'. On the basis of this doctrine, it can be urged that
