Error, qui non resistitur approbatur

Error qui non resistitur approbatur

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.


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

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