⚖️ Limitation Act: Combined Effect of Sections 6 & 8

THIS POST HIGHLIGHTS THE COMBINED EFFECT OF SECTIONS 6 AND 8 LIMITATION ACT

📘 Section 6

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

📘 Section 8

• SPECIAL EXCEPTION TO SECTIONS 6 AND 7

📝 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:

⚡ Special exception to sections 6 and 7 – Section 8

(1) Sections 6 or 7 shall not apply
   • to suits to enforce rights of pre-emption

NOTE: An illustration of a right of pre-emption: Hindu Succession Act: Section 22:
   • Where an interest in immovable property of an intestate….devolves upon two or more class I heirs and
   • any one of such heirs proposes to transfer his interest
   • the other heirs shall have a preferential right to acquire the interest proposed to be transferred

(2) Sections 6 or 7 shall not be deemed
   • to extend period of limitation for any suit or application
   • for more than three years
   • from cessation of disability or death of the affected person

📌 Explanatory Notes from DLA on Section 8

• Section 8 makes special exception to Section 6.
• Notwithstanding availability of limitation in third column, the suit or application shall be filed within three years from the cessation of disability

🔗 Combined effect of Sections 6 and 8

• A person under disability may sue after cessation of disability within the same period as would otherwise be allowed, but a special limitation lays down that the extended period after cessation of disability would not exceed three years from the date of cessation.
• Thus, when a cause of action accrues to a person during his minority, he can file the suit till he attains the age of 21 years, despite lapse of the time available as per schedule.

📖 Example 1

• A cause of action for possession arises when the minor is at the age of 16 years.
• On his attaining majority, he gets extension of three years u/s 8, but Article 65 Column 3 gives him the right to file a suit within 12 years from the date the defendant acquires prescriptive title…
• His cessation of disability and expiry of three years u/s 8 does not take away his right to file the suit within 12 years u/a 65.
Result:
• In this case, he can file the suit till he attains the age of 28 years.
• Here, he does not avail the benefit of section 6, so the limitation imposed by section 8 shall not apply to him.

📖 Example 2

• A cause of action arises to a minor at the age of 4 years.
• The 12 years’ prescriptive period expired by efflux of time during his minority itself at his age of 16 years.
• His disability ceases on his becoming a major. Therefore, he gets a further period of three years from the date of cessation of disability to file a suit for recovery of possession from the defendant who claims adverse possession to the plaintiff.
Result:
• In this case, he can file the suit till he attains the age of 21 years.
• Here, he avails the benefit of section 6 but as limited by section 8.

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.

⚖️ 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 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

❓ Frequently Asked Questions on Sections 6 & 8 of the Limitation Act