"Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop it." Explain this statement under the Limitation Act, 1963.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
"Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop it." Explain this statement under the Limitation Act, 1963.

Answer & Explanation:

Section 9 of the Limitation Act, 1963 (the Act) should be understood in contrast with Sections 6, 7 and 8, which deal with the effect of disability on the running of limitation. Together, these provisions explain when limitation can be suspended and when it cannot. According to Section 9 of the Limitation Act, 1963 where once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop 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 debt shall be suspended while the administration continues. This means that Sections 7 and 8 operate only if the disability exists at the time when limitation begins. Once limitation has started running, any later arising disability, such as insanity, imprisonment, or minority, Will not stop or suspend the running of time. Hence, Section 9 acts as an exception to Sections 7 and 8, by clearly stating that the benefit of disability is available only if the disability exists at the commencement of limitation, and not if it arises later. The rule of this Section is based on the English dictum. "Time when once it has commenced to run in any case will not cease to be so by reason of any subsequent event". Thus, when any of the statutes of limitation is begun to run, no subsequent disability or inability will stop this running. The applicability of this Section is limited to suits and applications only and does not apply to appeals unless the case fell within any of the exceptions provided in the Act itself. For the applicability of Section 9, it is essential that the cause of action or the right to move the application must continue to exist and subsisting on the date on which a particular application is made. If a right itself had been taken away by some subsequent event, no question of bar of limitation will arise as the starting point of limitation for that particular application will be deemed not to have been commenced. Thus, time runs when the cause of action accrues. True test to determine when a cause of action has accrued is to ascertain the time, when plaintiff could have maintained his action to a successful result first if there is an infringement of a right at a particular time, the whole cause of action will be said to have arisen then and there.

Topics: Limitation Act, 1963

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