45. When lapse of time is a bar.

In relation to lapse of time, there are three matters to consider: (1) lapse of time in itself; (2) statutory limitation periods; and (3) laches.

Lapse of time may sometimes in practice be a bar to rectification1 on account of the lack of evidence and the doubt arising from it2, or may afford evidence of acquiescence3, but the mere lapse of time of itself, even if a long period, will not be a bar to an equitable remedy if the mistake is clearly made out4. The time to be considered is the date of the notice of the error and