Literal Meaning
A judicial writing does not fail through defect of form.
Origin
The maxim lies down that a judicial writ fails not through defect of form.it is originated from many cases and circumstances.
Explanation
The word brevis meant “short,” and brevia were short writs, unlike charters. Some of the legal term meaning is stated below:
Bereve– . A writ or precept of the king issuing out of his courts. A writ by which a person is summoned or attached to answer an action, complaint, etc., or whereby anything is commanded to be done in the courts, in order to justice, etc. It is called “breve,” from the brevity of it, and is addressed either to the defendant himself, or to the chancellors, judges, sheriffs, or other officers.
Formae– the prescribed form of judicial proceedings.
Pro defectu – For defect or want of justice.
Illustration
In the matter of a case the innocent person should not failed due to the defect of the form, where for means the prescribed form of proceedings. Here the person should not be failed to get justice because of any defect in the proceedings held by the court.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
