What is Legal disability and its effects u/s 6 of the Limitation Act (Section 6 of the Limitation Act 1963)

Introduction -

         
           Section 6 of the Limitation Act speaks about Legal Disability. Section 6 of the Limitation Act 1963 provides that no limitation will apply to a case in which person seeing was disqualified at the time when the cause of action arose provided the suit is brought within 3 years of the time when the disqualification cease.Section 6 of the said Act gives minors or lunatics an extended period for filing a suit or application.

   

Legal disability under Section 6 (Limitation Act 1963) -

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

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

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


       (4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents. affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.

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

Explanation – 

             For the purposes of this section ‘minor’ includes a child in the womb. Notes – This section corresponds with section 6 of the old Act with some changes.

Object - 

           Limitation begins to run from the date of accrual of cause of action But section 6 of the Limitation Act is one of the exceptions to this general rule. Under these exceptional circumstances, the period of limitation does not run from the date of accrual of the cause of action but runs from the subsequent date, for example, the date on which disabilities ceases.

Scope - 

It is applicable only to suits or application for execution of decrees.

It is not applicable to the cases for which a period of limitation is not prescribed by other Acts.

It is not applied to minors entitled to prefer an appeal.


The disability mentioned under section 6 of the said Act is exhaustive and of any other disability does not come under this section.

See also...


1. Difference between Res Judicata and Res Subjudice

2. Difference between Judgement and Decree

3. What is Stay of suit or Res-Subjudice

4. Difference between Decree and Order

5. The Provisions of Transfer of Suits or Appeal (Civil Procedure Code - Section 22 to Section 25)