What is the Effect of Legal Disability on Period of Limitation ?

Effects of Legal Disability on the Limitation Period:

1. Postponement of the Limitation Period (Section 6):

Section 6 of the Limitation Act provides that if a person entitled to institute a suit is under a legal disability at the time the cause of action arises, the limitation period does not begin to run until the disability ceases. This means:

• For Minors: A minor who has a cause of action can only file a suit after attaining majority (age 18). The limitation period will start from the day they turn 18, giving them full opportunity to act.
• For Insane Persons: If a person is declared insane, the limitation period begins only after they regain their mental capacity.

2. Multiple Disabilities:

Under Section 6(2), if a person is affected by more than one legal disability, the limitation period will only commence after all disabilities have been removed. For instance, if a person is both a minor and mentally incapacitated, the limitation period will start only when they are no longer a minor and have regained mental capacity.

3. Legal Representatives:

According to Section 6(3), if a person suffering from a legal disability dies before the disability is removed, their legal representatives can initiate the legal proceedings within the same period that would have been available to the disabled person. This ensures that the claims do not perish with the individual.

Maximum Extension under Section 8:

While the Limitation Act provides for postponement due to legal disabilities,    Section 8 places a cap on this extension. It states that:

• Once the disability ceases, the individual has a maximum of three years to file a suit, regardless of how long the disability lasted. This provision ensures that while disabled individuals are afforded protection, legal actions are not unduly delayed.

Illustrative Case Laws:

1. Darshan Singh v. Gurdev Singh

In Darshan Singh v. Gurdev Singh (AIR 2010 SC 1139), the Supreme Court held that a minor can file a suit after the disability ceases; however, Section 8 of the Limitation Act limits the maximum extension to three years from the end of the disability, ensuring timely resolution of legal claims.

2. Udhavji Anandji Ladha v. Bapudas Ramdas Darbar

In Udhavji Anandji Ladha v. Bapudas Ramdas Darbar, the court clarified that Section 6 of the Limitation Act does not apply if the legal disability arises after the limitation period has already started. For the provision to be invoked, the disability must exist at the time the cause of action accrues.

3. Smt. Usha Rani Banerjee & Ors. v. Premier Insurance Company Ltd.

In Smt. Usha Rani Banerjee & Ors. v. Premier Insurance Company Ltd. (AIR 2009 Calcutta 88), the Calcutta High Court ruled that if a plaintiff is a minor at the time the cause of action arises, the limitation period for filing a compensation claim under the Motor Vehicles Act does not commence until the minor attains the age of majority, allowing the suit to be filed within the prescribed time frame after the disability ceases.

4. Bailochon Karan v. Basant Kumari Naik

In Bailochon Karan v. Basant Kumari Naik, the court ruled that only individuals who are entitled to the suit can claim the benefits of Section 6 of the Limitation Act. If a person acquires the right to sue after the limitation period has begun, they cannot invoke this provision to extend the limitation period.

Non-Applicability of Section 6:

Section 6 does not apply in situations where:

• Subsequent Disabilities: Once the limitation period has begun, any subsequent disability will not suspend it (as per Section 9).
• Special Categories: Certain legal actions, such as suits for pre-emption, are exempt from the provisions of Section 6.

Conclusion:

The Limitation Act, 1963, through Section 6, provides essential protections for individuals under legal disability, ensuring they are not unfairly penalized for their inability to act within the prescribed time limits. It postpones the limitation period until the disability ceases, with a maximum extension of three years as set out in Section 8. This balance ensures that the rights of disabled individuals are safeguarded while maintaining the integrity and efficiency of the legal system.