Monday, May 27, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

LIMITATIONMODEL ANSWER

CONTINUOUS RUNNING OF TIME

“Once the period of limitation starts to run no subsequent disability can stop it.” Explain.

Section 9 of the Limitation Act, 1963, lays down that once the period of limitation starts to run, no subsequent disability can stop it. According to this section, if the period of limitation begins to run, then if any disability arises subsequently, a person cannot claim any extension or exclusion of period of limitation. He has to file the suit within the prescribed period.

According to the provisions of Indian Limitation Act, 1963, it is duty of litigant to file the suit within the prescribed period. If a person does not file the suit within prescribed period, then it is mandatory for the court to dismiss that suit.

In the leading case of Maharashtra State Road Transport Corp. vs Raoji Harilal, the Hon’ble court held that the court has no inherent power to protect the litigant from the rigours of provisions of Indian Limitation Act, 1963 and if suit has been filed after the expiry of period of limitation, then in such a case, the court will have to dismiss that suit.

But according to section 6 of Indian Limitation Act, 1963, if any person is suffering from any kind of disability, then in such a case, that person has no need to institute the suit within the period of limitation which begins to run from the date on which the cause of action has arisen.

In this situation, the period of limitation will begin to commence from the date of cessation of disability. According to Section 6, a person can file the suit after the cessation of disability. In this situation, the period of limitation will be extended from the date of cessation of disability.

However, according to Section 9 of the Indian Limitation Act, 1963, if the period of limitation begins to run from the date of cessation of disability, then no subsequent disability will stop that period of limitation and a person has to file the suit within the prescribed period even if he is suffering from any subsequent disability.

In the leading case of Kalka Baksh vs Ram Charan, the Hon’ble court held that according to section 9 of Indian Limitation Act, 1963, once the period of limitation starts to run, then no subsequent disability can stop it.

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