LEGAL

DISABILIT Y
S E C T I O N 6 , 7 A N D 8 O F L I M I TAT I O N A C T,
1963
 Section 6. 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 therefor 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.
 Section 6. Legal disability

(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 in sub-
sections (1) and (2) shall apply.
 Section 6. Legal disability

(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.
Applicability to child in womb
• Section 6 of the Limitation Act would apply to the case of a child in the womb.
• A child in the mother's womb is deemed to be in existence, at least for
purposes of inheritance and has thus a right to challenge any transaction which
affects its interest at the time.
• If so, it has a right of action or a cause of action in respect of the said
transaction and is entitled to institute a suit upon the same and, as such a child,
as aforesaid cannot, under the Indian Majority Act be held to be a minor, it
must be held to be a minor that is, a person suffering from disability, as
contemplated in the section.6
• For the computation of age the starting point is the date of birth: but the law
nowhere provides that the period spent by a child in womb is not to be
regarded as a period of minority. A child in womb can take advantage of the
provisions of sections 6 and 8.
 Ingredients for application of the section are.

• (a) The applicant entitled to sue or apply should be under disability.

• (b) The disability should be minority, insanity or idiocy
• (c) The proceeding should be either a suit or an application for
execution of decree.
• (d) The limitation for such a period should have been prescribed in
the third column of the schedule to this Act.
• (e) The applicant should be one entitled to sue or apply at the time
from which the period prescribed to be reckoned.
• (f) At the time for which the period is to be reckoned, disability
should have existed.
 Section 7. 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.
 Section 7. Disability of one of
several persons.

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.
 • The principle underlying section 7 is that when
one of several persons jointly entitled to institute
a suit is under any disability and if there is any

Principles other member, who can give a valid discharge

without the concurrence of the person under
disability, the time will begin to run from the date
when that member competent to give a discharge
can institute a suit
 Section 8. Special exceptions

• Nothing in Section 6 or in Section 7 applies to suits to enforce rights of pre-emptions, 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.
Sections 6 • The combined effect of sections 6 and 8
would be to enable a person, who has been
and 8 - dispossessed during his minority, to file a
suit within three years of his attaining
Combined majority or within the usual period of time
ordinarily allowable to a major, whichever is
effect. longer.
 Darshan Singh and Ors. vs. Gurdev Singh (05.09.1994 - SC) : MANU/SC/0016/1995

• in each case, the litigant is entitled to a fresh starting period of limitation from the date of
cessation of disability subject to the condition that in no case the period extended by this
process under Section 6 or 7 shall exceed three years from the date of cessation of the
disability.
Darshan Singh and Ors. vs. Gurdev Singh (1994 - SC)
Kolandavel Gounder vs. Chinnappa (1965 Mad)

The Combined effect of section 6,7, and 8 of the Limitation Act, 1963 can be laid down as under;
• If the disability ceases before the expiry of the original period and the time left is more than 3
years, then no extension of time is available.
• If the disability ceases before the expiry of the original period and the time left is 3 years, the
no extension of time is available.
• If the disability ceases before the expiry of the original period; and
– If the original period is more than or equal to 3 years, then the time available is 3 years;
– If the original period is less than 3 years, then the time available is that period.
• If the disability ceases after the expiry of the original period then, if –
– The original period is more than or equal to 3 years, the time available is three years.
– The original period is less than 3 years, the time available is that period.
• If the disability is not present on the day the cause of action accrues, then section 9 applies and
no subsequent disability or inability stops the running of time.
 • The provisions of this section are not

Special applicable to cases, to which a period of

limitation is prescribed by special or local law.
38 This section refers to periods of limitation
Law prescribed by the Act itself and has no
application to a case where the decree is
barred by any other special or local law.
 M.P. Steel Corpn. v. CCE, (2015) 7 SCC 58 : (2015)
3 SCC (Civ) 510

• In a given case, if the person entitled to institute a proceeding not governed by the Limitation
Act is a minor, a lunatic or an idiot, it cannot be said that such person would not be entitled to
institute such proceedings after such disability has ceased, for otherwise he would be barred
by the period of limitation contained in the particular statute governing his rights. Section 6
again is a pointer to the fact that courts always lean in favour of advancing the cause of justice
where a clear case is made out for so doing,
 Illustrations

• A, to whom a right to sue for a legacy has accrued during his minority attains majority eleven
years after such accrual. A has under the ordinary law, only one year remaining within which to
sue. But under section 6 and this section an extension of two years will be allowed to him,
making in all a period of there years from the date of his attaining majority, within-which he
may bring his suit.
• A right to sue for an hereditary office accrues to A who at the time is insane. Six years after
the accrual A recovers. A has six years, under the ordinary law, from the date when his insanity
ceased within which to institute a suit. No extension of time will be given to him under section
6 read with this section.
• A right to sue as landlord to recover possession from a tenant accrues to ‘A,’ who is an idiot.
A dies three years after the accrual, his idiocy continuing up to the date of his death. A's
representative in interest has, under the ordinary law, nine years from the date of A's death
within which to brig a suit. Section 6 read with this section does not extend that time, except
where the representative is himself under disability when the representation devolves upon
him."
Thank
You.