⚖️ LIMITATION ACT: LEGAL DISABILITY (Section 6 & 7)

SECTION 6 ELONGATES THE RIGHT AND ENLARGES THE LIMITATION FOR A MINOR, INSANE OR IDIOT

🎯 Preparation for RJS, DJS, PCS (J) and Other Judicial Service Exams

The Limitation Act is an important component of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam.
To help such aspirants, DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this important part of their syllabus:

📘 Legal Disability — Section 6(1)

• Where
  • a person entitled to institute a suit or to make an application for execution of a decree
  • is a minor or insane or an idiot at the time from which prescribed period is to be reckoned…
• he may institute suit or make application
  • within the same period after disability has ceased as would otherwise have been allowed
  • from the time specified in third column of the Schedule

NOTE:

• An idiot
  • is a person perceived to be lacking intelligence or
  • is someone who acts in a self-defeating or significantly counterproductive way
• Insane
  • not sane, not of sound mind, mentally deranged

📗 Section 6(2)

• Where
  • such person is affected by two such disabilities at the time from which prescribed period is to be reckoned or
• Where
  • before his disability has ceased, he is affected by another disability
• he may institute suit or make application
  • within the same period after both disabilities have ceased
  • as would otherwise have been allowed from the times so specified

📘 Section 6(3)

• Where disability continues up to death of that person
• his legal representative
  • may institute suit or make application within same period after death
  • as would otherwise have been allowed from the time so specified

📙 Section 6(4)

• Where the legal representative is affected by any such disability at the date of death of the person whom he represents
• rules in sub-sections (1) and (2) shall apply

📕 Section 6(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 suit or make application within the same period after death
  • as would otherwise have been available to that person had he not died

Explanation: ‘minor’ includes a child in the womb.

🧠 Explanatory Notes by DLA on Section 6

Section 6 elongates the right and enlarges the limitation and entitles the minor, insane or idiot to institute the suit or make the application within the same period prescribed in the third column of the Schedule to the Act, after the disability to which the minor, the insane or the idiot has been subjected to, ceased.

Example:

Though in a given case, the defendant may have perfected title by adverse possession during minority of the plaintiff by remaining in continuous and uninterrupted possession and enjoyment of the immovable property to the knowledge of the plaintiff, on cessation of the disability, that is, on attaining majority, the plaintiff can file a suit, even though the period of limitation prescribed in third column of the Schedule might have expired by efflux of time.

⚖️ 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 any such disability and
  • a discharge can be given without 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 concurrence of others or
  • the disability has ceased

NOTE: Meaning of discharge

• Discharge generally refers to the act or an instance of removing an obligation, burden, or responsibility.
• Discharge is used in other legal contexts, such as the discharge of a lien or debt, as in the discharge of a debtor in bankruptcy. Bankruptcy discharge releases the debtor from liability for debts.
• A contract places a legal obligation upon the contracting parties to perform their mutual promises, and it carries on until the discharge or termination of the contract. The most natural and usual mode of discharging a contract is to perform it. A person who performs a contract in accordance with its terms is discharged from any further obligations.

📘 Explanation II

• Manager of a Hindu undivided family governed by Mitakshara law
  • shall be deemed to be capable of giving a discharge without concurrence of other members of family
  • only if he is in management of the joint family property

❓ Frequently Asked Questions on Section 6 of the Limitation Act