Actus curiae neminem gravabit:
An act of the court shall prejudice no one.
This maxim is also encompassed partly within the doctrine of restitution. This principle is founded upon justice and good sense and is a guide for the administration of law. [State of Gujarat v. Essar Oil Limited, (2012) 3 SCC 522].
For applying this maxim, it has to be shown that any party has been prejudiced on account of any order passed by the Court. [Cantonment Board, Meerut v. K.P. Singh, (2010) 2 SCC 518].
Where prejudice has been caused to any party by the act of the court, the court is under an obligation to undo the wrong done to the party. Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the court must be neutralized, as the institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the court. [Amarjeet Singh v. Devi Ratan, (2010)1 SCC 417].
