Introduction

The doctrine of laches supports the person who is aware of their legal right, pointing to denying access to those who are careless in filing a suit in due time. This doctrine is based on the maxim that equity aids the vigilant and not those who slumber on their rights.

What is the Doctrine of Laches?

• The Doctrine of Laches emanates from the principle that the Courts will not help people who sleep over their rights and helps only those who are aware and vigilant about their rights.
• This doctrine is used by the courts to deal with an inordinate delay that occurs in filing a petition or complaint.
• A party is said to be guilty of laches when they come to the Court to assert their rights after a considerable delay in that respect.
• The person who is asserting laches has the burden of proving that it is applicable.

What are the Elements of the Doctrine of Laches?

• Some elements must be satisfied to consider this doctrine to bar the petitioner from the cause of action:
  • At the time of bringing the matter, the delay must be unreasonable.
  • Negligence in asserting a claim or right.
  • Knowledge of a claim by the petitioners in advance.

What is the Purpose of the Doctrine of Laches?

• This doctrine aims to ensure that an unreasonable delay in filing a suit cannot be justified. The petitioner has to provide a reasonable statement for the delay. Nonetheless, even after the delay, the petitioner can approach the Court under Article 32 of the Constitution of India, 1950 (COI) but the same does not restrict the decision of a judge to grant the relief.
• This doctrine helps the defendant case when evidence disappears, witness departs etc., by shifting the burden of proof upon petitioner.
• This doctrine aims to put an end to applicants' unreasonable delays in filling out forms.

What are the Differences between Doctrine of Leaches and Statute of Limitation?