When Can One Escape Effects Of A Document Despite Signing It? Supreme Court Explains Plea Of 'Non Est Factum'

In a judgment delivered on Thursday (17 August 2023), the Supreme Court explained the requirements for a successful plea of non est factum.

A plea of non est factum is a latin maxim which literally means “it is not the deed". It is a defence available in Contract Law allowing a person to escape the effect of a document which she/he may have executed/signed.

The court said that a plea of non est factum can be taken by an executor or signatory of the deed to plead that the said document is invalid as its executor/signatory was mistaken about its character at the time of executing/signing it.

The bench of Justices Vikram Nath and Ahsanuddin Amanullah observed that for a successful plea of non est factum, the following is required:

1. 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". The disability must be one requiring the reliance on others for advice as to what they are signing
2. The "signatory must have made a fundamental mistake as to the nature of the contents of the document being signed", including its practical effects
3. The document must have been radically different from one intended to be signed.

In this case, the the High Court (in second appeal) had held that, before the Trial Court, there was neither any pleading nor any issue was framed with regard to the plea of non est factum and therefore the Trial Court was justified in dismissing the suit. Disagreeing with this finding, the Apex Court bench observed:

“From a perusal of the plaint, it is more than clear that the plea of non est factum was well pleaded, in clear and strict terms. Whether or not the plaintiffs were able to prove it would be a different question but the fact that it was pleaded is more than apparent. The High Court was thus not right in recording the finding that plaintiffs did not plead with respect to the plea of non est factum.”

Ramathal vs K Rajamani | 2023 LiveLaw (SC) 666 | 2023 INSC 637

Non est factum - A plea of non est factum is a latin maxim which literally means “it is not the deed". It is a defence available in Contract Law allowing a person to escape the effect of a document which she/he may have executed/signed - Requirements for a successful plea of non est factum -  (1) 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". The disability must be one requiring the reliance on others for advice as to what they are signing (2) The "signatory must have made a fundamental mistake as to the nature of the contents of the document being signed", including its practical effects (3) The document must have been radically different from one intended to be signed.

Civil suit - Nonframing of an issue, which is otherwise covered in a broader issue and for which there was sufficient pleading and evidence, the suit could not have been dismissed on that ground.

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