Introduction

• The ‘Law of Limitation’ provides an aggrieved party with the time limit for different suits within which the party can approach the court for relief.
• The suit is dismissed by the competent court where the time limit provided by the limitation act expires. A situation may exist where, due to his physical or mental condition, the person is not able to file a suit or make an application.
• In such cases, the law may not be the same and additional rights and benefits may be accorded to individuals with disabilities.
• The concept of legal disability is provided under Section 6 of the Limitation Act,1963 which further extends to Sections 7, 8 and 9.

Section 6 of the Limitation Act,1963

Legal disability —(1) 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 third column of the Schedule.

(2) 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.

(3) 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.

(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained sub-sections (1) and (2) shall apply.

(5) 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.

Explanation —For the purposes of this section, ‘minor’ includes a child in the womb.

The section deals with following types of disabilities:

• Minority
• Insanity
• Idiocy

Minority

• Minor is a person who has not attained the age of 18 years according to Indian Majority Act, 1875.
• The calculation of the age has to be done according to Section 3(2) of the Majority Act, 1875 - In computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day.

Insanity

• It means unsoundness of mind or lack of the ability to understand that prevents someone from having the mental capacity required by law to enter into a particular relationship, status, or transaction or that releases someone from criminal or civil responsibility.
• In the case of S.K.Yadav v. State of Maharashtra (2009), the concept of insanity has been dealt with in detail by the Supreme Court and the court opined that only legal insanity is recognized by law and not the medical insanity.
• Another case on the point of insanity is that of Hari Singh Gond v. State of Madhya Pradesh (2008) in which the Supreme Court categorized insanity into further four categories:
• When one is an idiot;
• When one is made non compos by illness
• When one is a lunatic or a mad man and
• When one is drunk.

Idiocy

A person who acts in an extremely foolish way is said to be an idiot. Idiocy is not an acquired form of mental instability, rather a person is an idiot since his/her birth.

Computation of Limitation Period in case of Legal Disability

Persons with insanity, minority and idiocy as disabilities are exempted under Section 6 to file a suit or an application for the execution of the order in the time prescribed by the law. They are allowed to file a suit or an application when their disability has ceased and counting the period starts from the day their disability comes to an end.

Who is entitled to the benefit of Section 6

It is only a person “entitled to the suit” who can claim benefit of legal disability. Where the person dies with such disability the ‘Legal Representative’ of such person may sue and all the rules provided by Section 6 would apply to such legal representative as well.

Accrual of cause of action

• The provision provides that the plaintiff must be suffering from the disability at the time when the cause of action accrues.
• In the case of Udhavji Anandji Ladha and Ors. v. Bapudas Ramdas Darbar (1949) Bombay High Court held that Section 6 does not cover in any way any “intervening” kind of legal disability. When a legal disability is in existence, only then can Section 6 be successfully applied.

Section 7 of the Limitation Act,1963

Disability of one of several persons.—Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.

Explanation I —This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.

Explanation II —For the purposes of this section, the Manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.

• Section 7 had to be taken as an exception to the general principle set out in Section 6 and provides that if there were several persons who were jointly entitled to file suits and if one of them were disabled, the time would not run against either of them until the disability ceased to exist. But if one of the persons entitled to institute a suit was competent to grant discharge without concurrence from others, then time would begin to run against both of them.

Section 8 of the Limitation Act,1963:

Special exceptions — Nothing in Section 6 or in Section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.

• This provision provides that if the limitation period is extended under Section 6 or 7 then in no case it should be extended for more than 3 years.
• Also, the extension under Section 6 or 7 will not be applicable to suits for pre-emption.

Section 9 of the Limitation Act,1963:

Continuous running of time —Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops 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 the debt shall be suspended while the administration continues.