Wednesday, November 29, 2023

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LIMITATIONMODEL ANSWER

LEGAL DISABILITY

Where a person entitled to institute a suit is a minor or insane or idiot; when will the prescribed period of limitation begin to commence? Give illustration.

Indian Limitation Act, 1963, prescribes period of limitation for every suit, appeal or application and it is the responsibility of every person to file the suit, appeal or application within the prescribed period of limitation. If a person fails to file the suit etc. within the prescribed period, then in such a case, it is mandatory for the court to dismiss that suit etc.

According to Indian Limitation Act, 1963, the period of limitation starts from the date on which the cause of action arises and within that prescribed period, person has to file the suit etc.

Moreover, according to our Indian Justice System, only a capable person can initiate the legal proceedings and file a suit. It means that if a person wants to initiate legal proceedings and file a suit, he must be sane and major.

But if a person is suffering from any disability i.e., if a person is insane, idiot or minor, then in such a situation, he cannot file a suit because in the eyes of law, he is not capable to understand the consequences of his legal actions. So, to protect the rights of a disabled person, section 6 has been enacted which deals with the provisions of period of limitation in case of disabled persons.

Generally, the period of limitation begins from the date on which cause of action has arised and a person has to file the suit within that period which has been specified by the Indian Limitation Act, 1963, but if a person is insane, idiot or minor on that particular date from which the cause of action has arised, then in such a case, the period of limitation has been extended from the date when the cause of action has arised to that date when the disability of the person ceases.

According to section 6 of Indian Limitation Act, 1963, if a person is disabled, then in such a case, he has no need to file the suit before that date when the disability of person ceases. In such a situation, he will be given extra time to file the suit after the cessation of the disability.

In the leading case of Darshan Singh vs. Gurdev Singh, the Honโ€™ble court held that the period of limitation begin to commence from the date when disability of person ceases.

According to section 6 of the Indian Limitation Act, 1963, where a person who is entitled to institute a suit is a minor, insane or idiot, then in such a case, the period of limitation begin to commence when the disability of person ceases.

For example:- If the period of limitation for filing a suit is 3 years and right to file a suit is accrued by a person at the age of 15 years. Then, in such a case, the period of limitation begin to commence from the date when he attain the age of 18 years.

Section 6 of the Indian Limitation Act, 1963, is applicable only upon suits or applications for execution of decrees. It does not apply upon appeals. Moreover, this section is not applicable upon suits of pre- emption.

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