Explain the meaning of continuous running of time under Section 9 of Limitation Act with exceptions and applicability.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
Explain the meaning of continuous running of time under Section 9 of Limitation Act with exceptions and applicability.
Answer & Explanation:
According to Section 9 of the Limitation Act, 1963 (the Act), 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. 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 of the Act, 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.
Topics: Limitation Act, 1963
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