Discuss the provisions relating to persons under legal disability under the Limitation Act, 1963.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
Discuss the provisions relating to persons under legal disability under the Limitation Act, 1963.

Answer & Explanation:

Section 6 of the Limitation Act, 1963 provides that where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified there for in the Schedule of the Act. Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified. Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified. 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. Section 6 of the Act is an enabling section to enable persons under disability to exercise their legal rights within a certain time. Section 7 which deals with disability of one of several persons supplements Section 6, Section 8 deals with special exception controls sections 6 and 7, which serves as an exception to Sections 6 and 7. The combined effect of Sections 6 and 8 is that where the prescribed period of limitation expires before the cessation of disability, for instance, before the attainment of majority, the minor will no doubt be entitled to a fresh period of limitation from the attainment of his majority subject to the condition that in no case the period extended by Section 6 shall by virtue of Section 8 exceeds three years from cessation of disability, i.e. attainment of majority.

Topics: Limitation Act, 1963

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