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Legal Disabilities


 Legal disabilities 

introduction

according to the limitation act 1963 the person should institute the application with in limitation period but their are some exception where the person can not file that is during legal representative legal disability define in part 2 from section 6 to 9 of the limitation act 1963.

what is legal disability

legal disability means when a person is minor ,insane , idiot, these person are legally disable to file a suit application.

section 6 -legal disability

1-where a person entitled to make a suit or an application disable then that person make a suit or an application when the disability ceased.

example- for a money suit limitation period is 3 year. the limitation period for a money suit is from date 10.09.2011 to 10.09.2014 if during this period if the person is legally disable then he can file a suit or an application after 10.09.2014.

3- where prescribed period is given for execution or make a suit or an application where the person affected by two disability or where one disability end and other disability start then when all disability ended at that time the person allow to make suit or execution or application.

example- for a money suit limitation period is from date 10.09.2011 to 10.09.2014 during this period the person is minor and the person ceased his disability in 8.8.2014 but after 8.8.2014 the person is idiot then after ceasation all disability the person will be able file.if the person disability till death then the legal representative of that person make an appliaction or suit within the some period after death of the person.

4- if legal representative also affected from such disability then sub sec 128(2) of sec 6 shall apply.

example- A an idiot entitled to claim execution in 2021 in 2022 the person disability will end 12 year limitation period for execution of a decree from date 2022b to 2034 in 2024 the person died then legal representive of A can execute the decree within 2034.

if a person legal disability end but he did not run the execution or application and die before the expiary period then legal represatative of that person can execute or make application after the death of that person . if legal representation also affacted from legal disability then he can not execute or make application under sub-sec (1) and (2) of sec 6 here cpc under 32 apply.

Section 7- disability of one of several person 

it only apply on institution of suit and execution of decree . when there several person entitled to claim execution of decree or entitled to institute a suit if one of them is not disable then time will run against all of them when cause of action arise. if all person are legally disable then when the disability ended then the time run against all.

example 1- A and B are partner A insane and B-idiot for execution of decree limitation period will run when disability ended.

2- A and B are partner A minor B insane for file a suit limitation period will run against A and B when A get major .

3- A and B are partner

A- idiot B-not legally disable for file a suit limitation period will run against A and B from the date when cause of action arise.

Section 8- Special Exeception

if time period run against that person after end of disability then the period of limitation may extend to 3 year from cessation of disability.