Analyzing Rules on

Legal Disability

Abhishek Sharma
ytthirdeyegaming@gmail.com
Contents

1. Introduction
2. Types of Legal Disability
3. Rules on Legal Disability in Limitation Act
4. Rules on Legal Disability in Civil Procedure Code, 1908
5. Relevant Case Laws on Legal Disability
6. Relevant Case Laws on Legal Disability
7. Relevant Case Laws on Legal Disability
8. Recommendations by Law Commission
9. Conclusion
10. Thank You
Introduction

This presentation critically analyzes the rules

relating to legal disability, focusing on key
sections of the Limitation Act, 1963. It will consider
the concept of cooling off period, the types of
legal disabilities, and its relationship with other
laws like the Indian Majority Act of 1875 and the
Civil Procedure Code 1908.
Types of Legal Disability
Minor, Insane, Idiot
Minor
Under the Indian Majority Act
of 1875, a person becomes a
major at eighteen years, with
certain exceptions allowing
extension to twenty-one
years in specific cases.
Insane
The legal concept of insanity
requires careful consideration
of behaviors, antecedent,
attendant, and subsequent to
the event, as seen in the case
of S.K. Yadav v State of
Maharashtra.
Idiot
Idiocy, lunacy, and madness
are characterized differently,
impacting a person's legal
capacity and ability to file
suits. The concept of natural
and acquired insanity is
significant in understanding
legal disability.
Rules on Legal Disability in Limitation Act
Sections 6, 7, and 9

1 Section 3

The Limitation Act details the time periods for filing cases, with exceptions for extraordinary situations
outlined in sections 4-24.

2 Section 6 and 7

These sections define the grounds for allowing parties to file suits after the legal disability period and
highlight the importance of the disability existing at the beginning of the limitation period.

3 Section 9

This section emphasizes that no subsequent disability can reset the limitation period once it has begun,
and addresses the implications of multiple disabilities on filing suits.
Rules on Legal Disability in Civil Procedure Code,
1908

The Civil Procedure Code of 1908 contains

provisions such as Order 8 Rule 5(1), empowering
the denial of specific charges against those
suffering from legal disabilities. Additionally, it
allows legal representatives to file suits after the
death of a person with legal disability,
emphasizing the importance of representation in
cases where no legal representatives are
available.
Relevant Case Laws on Legal Disability
Darshan Singh v Gurdev Singh, Udhavji Anandji Ladha v Bapudas Ramdas Darbar

1 Darshan Singh v Gurdev Singh

This case highlights the entitlement of minors, insane,

or idiots to institute suits or make applications within a
specified period after the legal disability has ceased. It
also delineates the special limitation explained in
Section 8 of the act, ensuring the protection of the
plaintiff's rights.

Udhavji Anandji Ladha v Bapudas

2
Ramdas Darbar
This case clarifies that Section 6 does not cover
intervening legal disabilities, emphasizing the need to
offer minors a reasonable time period to file suits,
without taking away their right to contest them.
Relevant Case Laws on Legal Disability
Lalchand Dhanalal v Dharamchand, Bapu Tatya Desai v Bala Raojee Desai

1 Lalchand Dhanalal v Dharamchand

This case underlines that any subsequent disability

will not stop the running of limitation, and a plaintiff
can only claim benefit if such right existed due to a
legal disability when the limitation period began.

Bapu Tatya Desai v Bala Raojee

2
Desai
In this case, the purpose of Section 7 of the Limitation
Act is discussed, regulating the indulgence available
to minors and ensuring that the benefit of Section 6
does not extend over an extended period of time,
posing a fair check on dispute parties.
Relevant Case Laws on Legal Disability
Smt. Usha Rani Banerjee v Premier Insurance Company Ltd, T. Kunhammad v M.
Narayanan Nambudiri's Son
Smt. Usha Rani Banerjee v
Premier Insurance Company Ltd
This case emphasizes that section 7
is an exception to the general
principle enunciated by Section 6,
ensuring time does not run against
individuals suffering from legal
disabilities until the disability ceases
to exist.
T. Kunhammad v M. Narayanan
Nambudiri's Son
Under substantive law, a legally able
person can represent an entire
group, discharging that right
without the consultation of other
group members. Section 7 does not
operate when minors under
disability are well covered by
Section 6 of the Act.
Recommendations by Law Commission

The Law Commission of India in its eighty-ninth

report in 1963 focused on the Limitation Act and
recommended improvements in the grammatical
aspects of certain sections. It highlighted the
absence of a pre-emptive concept of legal
disability in the act, suggesting that the law is
reasonably clear and well-drafted, with minimal
need for further additions.
Conclusion
Critical Analysis of Legal Disability
Legal Disability
Mechanism
The mechanism in the
Limitation Act has
far-reaching ramifications,
primarily meant for legally
discredited individuals and
their legal representatives to
rightfully claim what is theirs.
It safeguards against
wrongful deprivation of
claims, despite the potential
for misuse.
Development by Case
Laws
The mechanism has been
shaped importantly by
various case laws decided by
different high courts and the
Supreme Court, ensuring fair
application and
interpretation of legal
disability provisions.
Law Commission
Perspective
The Law Commission has
suggested only minor
changes, indicating that the
law is reasonably clear and
well-supported by judicial
machinery to ensure minimal
misuse of its provisions.
 Thank You
Analyzing Rules on Legal Disability