Sections 6 and 7 of the Limitation Act 1963: Legal Disability Explained
Sections 6 and 7 of the Limitation Act, 1963 contain special rules for computing limitation where a person entitled to institute a suit or apply for execution of a decree is under a legal disability, including cases involving jointly entitled persons.
Section 6: Legal Disability
Section 6(1): Where a person entitled to institute a suit or make an application for execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, that person 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 in the third column of the Schedule.
When Section 6 Applies
The protection under Section 6 is connected to a disability existing when the prescribed period begins to run. It applies to a person entitled to institute a suit or to make an application for execution of a decree. The section then provides the manner in which time is available after the disability ceases.
Section 6(2): Two or Successive Disabilities
Where the person is affected by two such disabilities when the prescribed period is to be reckoned, or where another disability arises before the first disability has ceased, the suit may be instituted or the application made within the same period after both disabilities have ceased as would otherwise have been allowed from the specified starting point.
Section 6(3): Disability Continuing Until Death
Where the disability continues up to the death of the person, the 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 specified in the Schedule.
Section 6(4): Disability of the Legal Representative
If the legal representative referred to in Section 6(3) is, on the date of the death of the person represented, affected by a disability of the kind covered by Section 6, the rules contained in sub-sections (1) and (2) apply.
Section 6(5): Death After Disability Ceases
Where a person under disability dies after the disability has ceased but within the period allowed under Section 6, the 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 the person not died.
Explanation: Minor Includes a Child in the Womb
For the purposes of Section 6, the statutory Explanation provides that "minor" includes a child in the womb.
Section 7: Disability of One of Several Persons
Where one of several persons jointly entitled to institute a suit or make an application for execution of a decree is under a disability covered by Section 6, and a discharge can be given without that person's concurrence, time runs against all of them.
Where no such discharge can be given, time does not run against any of them until one of them becomes capable of giving the discharge without the concurrence of the others or until the disability has ceased.
Meaning of "Discharge" Under Section 7
The operation of Section 7 depends on whether a valid discharge can be given without the concurrence of the person under disability. If it can, limitation runs against all jointly entitled persons. If it cannot, the running of time is postponed in the manner stated in the section.
Explanation I to Section 7
Section 7 applies to a discharge from every kind of liability, including liability in respect of immovable property.
Explanation II to Section 7: Hindu Undivided Family
For Section 7, the manager of a Hindu undivided family governed by Mitakshara law is deemed capable of giving a discharge without the concurrence of the other members of the family only if the manager is in management of the joint-family property.
Key Difference Between Sections 6 and 7
- Section 6 deals principally with the legal disability of the person entitled to institute the suit or make an application for execution of a decree.
- Section 7 addresses the situation where one of several jointly entitled persons is under such disability.
- Under Section 7, whether limitation runs depends on whether a discharge can be given without the concurrence of the person under disability.
Section 8 Limits the Effect of Sections 6 and 7
Sections 6 and 7 should be read with Section 8 of the Limitation Act. Section 8 contains special exceptions and limits the extension resulting from disability in the circumstances stated there.