Thursday 14 December 2023

Basic concept of legal disability as per limitation Act, its effect on one of several persons and special exceptions to concept of legal disability?

S 6 of limitation Act:-Legal disability.

Sub S 1 :-Where a person entitled to institute a suit or make an application for execution of a decree is at the time from which prescribed period is to be reckoned, a minor or insane,or an idiot, he may institute suit or make application within the same period after disability has ceased as would otherwise have been allowed from the time specified in the third column of the schedule.
Sub S 2:- Such person affected by two such disabilities or where before his disability has ceased is affected by another disability, he may institute suit or make application within the same period after both disabilities has ceased as would otherwise have been allowed from the time so specified.
Sub S 3:- If Disability continues till his death, his legal representatives may file suit or application after his death within specified time.
Sub S 4:-If legal representatives are suffering from disability, they are also entitled to get same period for filing suit or application.
Sub S 5 :- If person under disability dies after disability ceased but within the period allowed to him under this section, his legal representatives will get same time as was available to deceased.

Explanation:- Minor includes child in the womb.

S 7. Disability of one of several persons:-
Where one of several persons jointly entitled to institute suit or make application for execution of decree is under any such disability, and a discharge can be given without concurrence of such person, time will run against them; all but, where no such discharge can be given,time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of others or until disability has ceased.

Explanation 1 – This section applies to a discharge from every kind of liability, including a liability in respect of immovable property.

Explanation 2- For the purposes of this section, manager of a hindu undivided family governed by mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other member of family only if he is in management of joint family property.

Section 8 in The Limitation Act, 1963
8. Special exceptions.— Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.

S 9 Continuous running of time-

Where once time has begun to run, no subsequent disability or inability to institute suit or make an application stops it.
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