Legal Disability & Limitation Periods: Sections 6, 7, & 9 in Limitation Act, Lecture notes of Law

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LIMITATION ACT

PART 3

QUESTIONS – LEGAL DISABILITY

What is the effect of legal disability on the period of limitation? – (Sec 6,7,8) Explain the legal disability under Limitation Act. What is legal disability? Discuss the provisions in the Limitation Act affording protection under such disability. (2)

As a general rule , limitation begins to run from the date of accrual of cause of action. But section 6 of the Limitation Act is one of the exception s to this general rule. Under these exceptional circumstances, the period of limitation does not run from the date of accrual of the cause of action but runs from the subsequent date, for example, the date on which disability ceases.

TYPES OF LEGAL DISABILITY

There are three types of legal disabilities that have been described in the Limitation act,

1963. These includes- Minority Insanity Idiocy

 Sec 6(3) - If the disability or disabilities continue till the person’s death then the representative of the deceased or on whom the title devolves is allowed to file a suit or make an application for execution within the time allowed by law, counting it from the death of the person.  Sec 6(4) - Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents , affected by any such disability , the rules contained in sub-sections (1) and (2) shall apply.

Sec 6(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death , as would otherwise have been available to that person had he not died. Eg: Right to sue arises to P during his minority. P dies one day after attaining majority. He is succeeded by his son K who is a minor. Time begins to run against K from the date of death of P and K’s majority is of no avail to him because when limitation has once begun to run, it cannot be suspended by any disability subsequently arising.  Explanation. —For the purposes of this section, ‘minor’ includes a child in the womb.

Sec 7 - Disability of one of several persons.

The peculiar feature about the Section 7 is that limitation under it is extended with reference to the entire body of persons jointly entitled to sue or make an application for execution of a decree.  Meaning of discharge  A contract stands discharged if not enforced within a specified period called the ‘period of limitation’. The Limitation Act, 1963 prescribes the period of limitation for various contracts. For instance, limitation period for exercising right to recover an immovable property is twelve years and right to recover a debt is three years.

 Sec 7 - Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the 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 the others or until the disability has ceased.

 Explanation I. — This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.   Explanation II .— For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.

Sec 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.

The second portion of the section says that a person under disability may sue after the cessation of the disability within the same period as he would otherwise have been allowed under the schedule but in no case can the period be extended to anything beyond 3 years from the cessation of the disability.

 Darshan Singh Vs. Gurdev Singh [1994] INSC 451 ( September 1994) - The litigant is entitled to a fresh starting period of limitation from the date of cessation of disability subject to the condition that in no case the period extended by this process under Section 6 or 7 shall exceed three years from the date of cessation of the disability.  Illustration - Where the cause of action had arisen to a minor when he was at the age of 4 years. During his minority, the 12 years' prescriptive period expired by efflux of time at his attaining 16 years but on his becoming major, his disability ceases. Therefore, he gets a further period of three years from the date of cessation of disability to file a suit for recovery of the possession from the defendant who claims adverse possession to the plaintiff.

Sec 9

 Continuous running of time.— Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.  (^) Provided that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues.

The Limitation Act tells you how much time you have to file a suit. Once the time expires, a court will not allow a lawsuit to proceed on that matter. Limitation starts running either when - 1. The wrongdoing occurs or 2. Wrongdoing causes harm. Wrongdoing- where a legally enforceable duty is violated. Disability - want of legal qualification to act. Example: minority, insanity and idiocy Inability - want a physical power to act. Example - illness, poverty etc.