Under Limitation Act, 1963 the limitation period for filling a particular suit is 3 years. When the limitation period commenced Akash was minor of age 13 years. Due to his legal disability he couldn't institute the suit.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Under Limitation Act, 1963 the limitation period for filling a particular suit is 3 years. When the limitation period commenced Akash was minor of age 13 years. Due to his legal disability he couldn't institute the suit. Decide with reasons whether Akash can file suit on cessation of the minority ?
Answer & Explanation:
Section 6 of the Limitation Act, 1963 is an enabling Section to enable persons under disability to exercise their legal rights within a certain time. Section 7 supplements Section 6 and Section 8 controls these Sections, which serves as an exception to Section 6 and 7. Hence, under Limitation Act minority or disability falls within Special exceptions which imposes limitation on concessions under Section 6 and 7 to the person under disability includes minority up to maximum of the 3 years as the period of limitation for any suit or application after cessation of minority or disability. This exception applies to all suits except suits to enforce rights of pre-emption. Further the period of three years has been counted, not from the date of attainment of majority by the person under disability, but from the date of cessation of minority/ disability. Thus, Akash can file suit on cessation of minority.
Topics: Limitation Act
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