Non Est Factum

Posted on by Rudrajyoti Nath Ray

The plea of non est factum basically means, ‘it is not my deed’.

In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961.

A. The person pleading non est factum must belong to “class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability”.

B. “The signatory must have made a fundamental mistake as to the nature of the contents of the document being signed”, including its practical effects.

C. The document must have been radically different from one intended to be signed. But what amounts to a radical difference will depend on all circumstances.

– Hon’ble Justice Vikram Nath, Ramathal v. K. Rajamani (Dead), [Civil Appeal No. 8830 of 2012].

Rudrajyoti Nath Ray's avatar
'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.