EFFECT OF DISABILITY ON LIMITATION

SUBMITTED BY-

JAPNOOR KAUR
 INDEX

1. INTRODUCTION
2. TYPES OF DISABILITIES
3. SECTION 6-LEGAL DISABILITY
4. SECTION 7- DISABILITY OF ONE OF SEVERAL
PERSONS
5. SECTION 8-SPECIAL EXCEPTION
6. CONCLUSION
7. BIBLIOGRAPHY AND WEBLIOGRAPHY

INTRODUCTION
The object of law of limitation is the interest of State requires that there should be an end to
litigation.The object of the law of limitation is to prevent disturbance or deprivation of what
may have been acquired in equity and justice by long enjoyment or what may have been lost
by party’s own inaction, negligence or laches.
The ‘Law of Limitation’ prescribes the time-limit for different suits within, which an
aggrieved person can approach the court for redress or justice.

The law of limitation is basically and prima facie, a rule of procedure, stating thereby the
remedy can be exercised only within a limited period and not subsequently. It does not create
any right or create causes of action.limitation merely bars remedy but does not destroy the
right. So law of limitation gives a clarion call that court cannot assist those who are lethargic,
apathetic or prone to sleeping over the matter. So, that being the position and specialty of law
of limitation, the provisions of this act has to be construed strictly..

The object of legal remedy is to repair a damage caused by reason of a legal injury suffered
by the suitor. A legal remedy therefore, can never come into existence before a legal injury
occurs. It is legal injury that calls legal remedy to life and action. The case of limitation fixes
the life span of a legal remedy for the redress of a legal injury.

There can be circumstances where due to his physical or mental disability he is unable to file
the suit or make an application. In such cases the law must not be the same and special
privileges and relaxation must be given to the persons undergoing legal disability. The
Limitation Act mainly helps the defendants as it bars the filing of suit or making of
application after the expiry of the limitation period. But in some cases Limitation Act even
comes to the rescue of the plaintiff also. And the same circumstances give keys to
enumeration of section 6 and 7 in Limitation Act, 1963.

LEGAL DISABILITY
The ‘Law of Limitation’ prescribes the time-limit for different suits within, which an
aggrieved person can approach the court for redress or justice. The suit, if filed after the
exploration of time-limit, is struck by the law of limitation. It’s basically meant to protect the
long and established user and to indirectly punish persons who go into a long slumber over
their rights.

The concept of legal disability is enshrined in Section 6 of the statute of Limitation Act,
1963. This concept also extends to other sections 7, 8 and 9 which play an important role in
this concept. This concept can be described as some kind of cooling off period wherein
individuals or their legal representatives of any form cannot file suits because of any legally
induced disability- either insanity, idiocy or minor age. They can do so only once this
disability is over.

This legal concept can be termed as some kind of eligibility criteria that allows/disallows
parties from contesting their legal claims. This area of law can termed to be strictly time
bound and allows concessions only when there is existence of some extra-ordinary
circumstances that justifies any corresponding extension.

Section 6 is controlled by section 8 which serves as an exception to section 6 and 7.The

combined effect of section 6 and 8 is that where the ordinary period of limitation expires
before the cessation of the disability, for instance before the attainment of the majority, the
minor will no doubt be entitled to a fresh starting point 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 exceed three years from the cessation of disability that is, attainment of
majority. 

Even during the disability period of the person the time will continue to run. It does not gives
a new starting point of limitation. The provision only means that the person under the
disability is entitled to extension of time till the expiry of the period mentioned in the
schedule calculated from the cessation of his disability subject to the limit mentioned in the
section 8. Section 6 does not apply to the period of 12 years limitation prescribed by section
48 of Code of Civil Procedure. The section confers a personal privilege on the person under
disability, a privilege confined to him and not ensuring for the benefits of his assigns or even
his legal representatives, excepting in a case falling under sub-section (3) of the section 6 .

TYPES OF LEGAL DISABILITY-

There are three types of legal disabilities that have been described in the
Limitation act, 1963 . These includes-
 1. Minor
2. Insane
3. Idiot

The first of these criterions for legal disability, “minor” has to do with a
person’s age. Under Section 3 (1) of The Indian Majority Act of 1875 , a
person becomes a major when he/shecompletes eighteen years. This
computation of age is to be done after taking into account the following
two provisos discussed in section 3 (2) –

1. The day on which the said individual is born is to be included as a

whole day.
2. He/she is thus said to have become a major as and when the
eighteenth anniversary of that day commences.

The Majority Act of 1875 can be termed as a “secular “ law as it applies to

all individuals professing any religion in India .If a particular personal law
states otherwise, only then can the age of majority be considered as
something else other than 18 years . The Majority Act though takes into
account certain situations where in a concerned court or a court of wards
took superintendence over the life and property of a minor and thus for
his/her welfare appointed any guardian before such a person attained the
age of 18, in such cases it is to be observed that the age of minority then
extends till the age of 21 for the person in question. A child in the womb
is also termed as a minor.

The second criterion for applying the bar of legal disability is that of
insanity. This concept is explained in great detail in the case
of S.K.Yadav V State of Maharashtra 1that was contested in the
Supreme Court. In this case the court dealt with the concept of insanity in
our legal system at great length. It stated that courts only recognized
legal insanity and not medical insanity and that there were substantial
differences between the two. Even if insanity has been previously proved
medically or in a lower court of law, it has to be proved in the higher
court. Furthermore, it is to be noticed that no such specific tests lie to
prove legal insanity. Behaviours, antecedent, attendant and subsequent
to the event, are to be taken into account while considering if a said
person is to be termed insane or not.

 In the case of Hari Singh Gond V State of Madhya Pradesh 2 it was
said that there were four sub-types of non-compos mentis i.e., (1) an
idiot; (2) one made non compos by illness (3) a lunatic or a mad man and
1
S.K.Yadav V State of Maharashtra, CRIMINAL APPEAL NO. OF 2008 (Arising out of S.L.P. (Crl.) No.509 of 2008).
2
 AIR 2009 SC 768
(4.) one who is drunk. Idiocy included the following characteristics which
included-(a) non-sane memory from birth by a perpetual infirmity, without
lucid intervals (b) idiots are unable to count twenty(c) tell the days of the
week(d) who do not know their fathers or mothers, or the like.

A lunatic suffers from bouts of such attacks in between what is termed as

periods of sanity i.e. there are times when he can control his senses but
there are occasions where he/she functions in an erratic manner,
example-epilepsy. Madness is seen as permanent. Lunacy and madness
are termed “acquired insanity” while idiocy is considered as “natural
insanity” that is while a person can turn lunatic at any time in his lifetime,
a person is an idiot since his/her birth.
 Section 6
LEGAL DISABILITY
The general principle of law is that time does not run against a minor.
This section does not provide for a fresh starting point of limitation. It
means that the person under disability is entitled to an extension of time
till the expiry of the period mentioned in the Schedule calculated from the
cessation of disability (subject to the limit mentioned in S.8)

OBJECT-

Generally, the limitation begins to run from the date of accrual of cause of
action. This section is one of the exceptions to the general rule. In such
cases the limitation does not run from the accrual of the cause of action,
but runs from a subsequent date i.e. the date on which the disability
ceases. The object of this section is not to place minors under a special
disability as compared to the majors, but to make a special concession in
favor of minors. This section just provides an extended period for filing a
suit or application to minors or lunatics.

SCOPE AND APPLICATION

 This section is an enabling provision to enable the persons under

disability to exercise their rights within a certain time.
 This section is limited only to suits and applications for execution of
decrees and does not apply to suits for pre-emption and appeals.
 This privilege is entirely personal and can be claimed only by a
person under disability or his representative after his deaths.
 This section applies when a person is already under a disability
when the right to sue accrues. Once the limitation begins it runs
continuously and nothing can stop it.
 Section 6 applies only when a person entitled to institute a suit or
make an application is laboring under disability and not otherwise.
 The period of three years must be counted from the date of
cessation of the disability (minority). In computing a period for a
minor , the date on which he attains majority must be excluded
from the calculation3

3
Batuk Prasad Bhagat Anr. V. Rudra Das Chakravarty And Ors, AIR 1959 Pat 206
CONDITIONS

 The disability should only either be minority, idiocy, or insanity.

 This section is applicable to suits etc. brought by and not against
the person under disability.
 The disability must exist at the time from which the period of
limitation is to be reckoned.
 The proceeding in question must be a suit or an application for the
execution of a decree. It is not applicable on appeals.
 The period of limitation must be specified in the third column of the
schedule to the limitation act.
 The advantage under this section can only be claimed by a person
under disability and the exemption under this section is personal in
nature.

The burden of proof that a suit or an application for the execution is saved
from the bar of limitation is on the person who relies on such provisions.
Thus, it is on the person who claims the right.
 SECTION 7
DISABILITY OF ONE OF SEVERAL PERSONS
When a number of persons are entitled to file a suit, there can be two
situations-

i. All of them are under a disability and no valid discharge can be

given without the concurrence of all.
ii. All except one are under disability and a valid discharge can be
given without the concurrence of others.

In the first case if all of them are under a disability and if no valid
discharge can be given without the concurrence of all, the limitation will
not begin until the cessation of the disability. For example, A,B, and C
mortgage their property with X. Subsequently B and C become insane.
Here the limitation period will begin as and when disability of B and C
ceases as one mortgagor cannot give a valid discharge against the other
mortgagors.

In the second case, if one among them is free from disability and a valid
discharge can be given without the consent of others, the time will start
running immediately.

Thus section 7 applies to cases where the claim of several persons who
are entitled to sue or apply a joint claim, that is , where several persons
have got the same right or cause of action and one could not sue or apply
on behalf of all.

The first part of section 7 enacts that when a full discharge of the whole
debt or claim can be given by any of them without the concurrence of the
other or others who are laboring under a disability, none of them should
be entitled to the exemption under section 6. The second part of this
section enacts that when one of several persons jointly entitled to
institute a suit or make an application for the execution of a decree is
under a disability, and when a full discharge of the whole debt or claim
cannot be given without the concurrence of all, the exemption under
section 6 will be enjoyed by all until one of them acquires the legal
capacity to give full discharge without the concurrence of others or until
the disability cases.
The term ‘discharge’in section 7 does not merely mean merely a
discharge of pecuniary liability, but has a wider significance and includes
a release of rights in immoveable property such as even the equity of
redemption or a release of other rights, for instance a right to institute a
suit.4

Bapu Tatya Desai vs Bala Raojee Desai 5– This case stated the
purpose of section 7 of the Limitation act is to regulate the supposed
indulgence that is available to minors to ensure that the benefit of section
6 of the Limitation act does not extend to a correspondingly long period of
time but only till the eldest of the lot does not end up as a major.

4
Karan Singh v. Mt. Tetar Kuer, AIR 1937 Pat 435
5
BapuTatya Desai vsBalaRaojee Desai, (1920) 22 BOMLR 1383,
 SECTION 8
SPECIAL EXCEPTIONS
Section 8 lays down two things- that in case of a suit to enforce right of
pre-emption, no extension in limitation period will be allowed. Secondly,
in all other cases the period of limitation cannot be extended to a period
for more than three years from the cessation of the disability.

Section 8 limits the period of limitation to three years from the cessation
of the disability. Therefore,there can be no question that the limitation of
three years has to be computed from the cessation of the disability 6.

A combined effect of section 6 and section 8 of the act and the third
column of the appropriate articles of schedule is that a person under the
disability may sue after the cessation of disability within the same period
as he would otherwise be allowed from the time specified therefore in the
third column of the schedule, but the special limitation, as an exception is
provided in section 8of the act extending the period by 3 years after the
cessation of disability.

For example, a minor acquires a cause of action to sue for possession of

immovable property but due to being a minor, section 6 aids him to lay
the suit within the same period of 12 years after attaining majority.
Suppose he dies, his legal representatives would be entitled to lay the
suit within three years from the date of his attaining majority though he
may die after the expiry of three years since his right to file the suit is
extended only up to three years from the date of attaining majority 4

Thus from section 6 and section 8 we can conclude that-

i. If the limitation period as under the schedule is more than 3 years,

the action has to be filed within 3 years from the cessation of the
disability.
ii. If the limitation period as under the schedule is less than 3 years,
the action needs to be filed within the limitation period as under
the schedule only. The limitation of three years as under section 8
will have no application.

6
Sushiladevi v. Premkumar AIR 1981 All 83
 CONCLUSION
Thus, after analysing the various aspects of the mechanism of legal
disability-its definitions, its components, the various important case-laws
etc, I conclude that this mechanism in the Limitation act has far reaching
ramifications that can systematically extend over a long period of time.
This law is primarily meant for usage by legally discredited individuals
and their legal representatives to rightfully claim within a reasonable time
period what is rightfully theirs. Since, such individuals are not legally
entitled to file suits for such purposes; there can be occasions where they
are wrongfully deprived of their claims and dues. It is meant to ensure
that legal insanity or minority does not in any way deprive such persons
of their legal rights. However, this defensive mechanism could also be
potentially misused and thus several caveat provisions like that of the
three year period have been introduced to keep a fair check on both the
sides involved in a dispute. This concept has been shaped importantly by
various case laws decided by different high courts as well as the Supreme
Court. On a personal level, I feel that this very law is very much accurate
and is ably supported by the judicial machinery to ensure negligible
misuse of its provisions.
 . BIBLIOGRAPHY

 Paul, Dr. benny. Textbook on Civil Procedure Code Including Limitation

Act. 3rd ed., Shree Ram Law House, 2020.

WEBLIOGRAPHY
 "Effect of Disability on Limitation Period." LawTeacher.net. 11
2013. All Answers Ltd. 03 2020
<https://www.lawteacher.net/free-law-essays/contract-
law/effect-of-disability-on-limitation-period-contract-law-
essay.php?vref=1>.

 Inba. “‘LEGAL DISABILITY AND ITS EFFECT ON CIVIL LAW.’”

INBA Viewpoint, INBA View Point, 3 July 2017, inbaviewpoint.org/legal-
disability-effect-civil-law/.