What do you mean by Legal Disability? – The Limitation Act

If one disability supervenes and another disability or one disability is followed by another without leaving a gap the suit or application for execution may be filed after both disabilities have ceased to exist.

If the disability or disabilities continue till the person’s death then the representative of the deceased or on whom the title devolves is allowed to file a1
suit or make an application for execution within the time allowed by law counting it from the death of the person.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

The conditions for the applicability of this section are:

1. The disability is continued only to minority, insanity and idiocy.

2. This section is applicable to suits etc., brought by and not against persons under disability.

3. The disability must exist at the time from which the period of limitation is to be reckoned.

4. The proceeding in question must be a suit or an application for the execution of a decree.

5. The period of limitation for the proceeding must be specified in third column of the schedule to Limitation Act.

Section 7, Disability of one of several persons:

The peculiar feature about the Section 7 is that limitation under it is extended with reference to the entire body of persons jointly entitled to sue or make an application for execution of a decree.

The extension of limitation does not take place with reference to the person under his disability alone. The first part of the section provides that if a discharge can be given by one of several joint creditors of claimants who is free from disability without the concurrence of his other joint creditors or claimants who are under disability, then there is no extension of limitation and the ordinary period of limitation alone applies to all the joint creditors or claimants including those who may be under disability.

The second part of the section provides that if such a discharge cannot be given without the concurrence of the person or persons under disability, then limitation will be extended with reference to all the joint creditors or claimants and not only with reference to the person under disability.

Section 7 is a supplement to the Section 6.

Section 8, Special exceptions:

This section applies to suits to enforce rights of pre-emption (preferential right).

The first part of Section 8 lays down that suits for pre-emption are not governed by Sections 6 & 7 of the Act and inspite of the disability, they must be proceeded with and no extension of time will be given on account of the disability of the plaintiff. [JOECM-25]

The second portion of the section says that a person under disability may sue after the cessation of the disability within the same period as he would otherwise have been allowed under the schedule but in no case can the period be extended to anything beyond 3 years from the cessation of the disability.

Section 9 says that once time has begun to run, no subsequent disability or inability to sue can stop its running, this applies to a person himself as well as to his representatives in interest after his death.