Legal Disability Under Limitation Act, 1963

Q: What is Section 12 of Limitation Act case laws?

The cases on section 12 are as follows: Meera Sahni v. Lt. Col. Shanti Swaroop Seth (2005) 5 SCC 188: In this case, the Supreme Court held that the language used in Section 12 is clear and unambiguous. It excludes the time spent by a plaintiff in prosecuting a civil proceeding in good faith against the same defendant or another person from the computation of the limitation period. Baburam v. Neki (2013) 9 SCC 209: The Supreme Court in this case clarified that Section 12(3) would apply even if the first suit or application was dismissed for default or withdrawn. The plaintiff could still seek the exclusion of time from the computation of the limitation period for a fresh suit or application, as long as it was dismissed or withdrawn for reasons other than the merits of the claim. Ramlal v. Rewa Coalfields Ltd . (1962) 2 SCR 762: This case dealt with the applicability of Section 12(1) when a plaintiff filed a suit in a wrong court due to a mistaken belief that it had jurisdiction. The Supreme Court held that the time spent by the plaintiff in prosecuting the suit in good faith in the wrong court could be excluded under Section 12(1).

Meaning of legal Disability under Limitation Act, 1963

Legal disability under limitation act, 1963 refers to certain conditions or situations that prevent a person from initiating legal action or filing suits within the standard limitation period. The Limitation Act prescribes specific time limits for various legal actions, and legal disability provisions are included to protect the rights of individuals who, due to their vulnerable circumstances, are unable to act within the specified time frame. The disabled individual or their legal representative must invoke the relevant provisions and provide evidence of the disability to avail of the extension of time. Once the disability ceases to exist, the normal limitation period starts running from that point onwards, ensuring a reasonable balance between the interests of the parties involved.

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Sections 6,7 and 8 of the Limitation Act, 1963

Section 6: Under this section, the normal limitation period for filing a lawsuit or claim may be extended if the person entitled to file the claim is considered to be under a legal disability at the time the cause of action accrues. It applies to the following categories of individuals:

Minors: Persons who have not attained the age of majority (usually 18 years old) are entitled to the benefit of Section 6. As minors may lack the legal capacity to understand and protect their rights fully, the law grants them an extended period to initiate legal actions after attaining majority.
Persons of Unsound Mind: Individuals who are of unsound mind or mentally incapacitated due to mental illness or cognitive impairment are entitled to the benefit of this section. The law recognizes that such individuals may be unable to make informed decisions or pursue legal claims effectively, so the limitation period is suspended until the disability ceases.

Section 7: This section deals with the “disability of one of several persons” and addresses situations where multiple persons are jointly entitled to bring a legal claim. In simpler terms, this section deals with situations where multiple persons have a joint right to file a lawsuit or execute a decree, and one of them is under a legal disability, such as being a minor, of unsound mind. If a discharge (release or satisfaction) of the claim or decree can be obtained without the concurrence of the person under the disability, then the limitation period will run against all joint claimants, including the disabled person. However, if a discharge cannot be obtained without the concurrence of the disabled person, then the limitation period will not run against any of the joint claimants until one of the following events occurs: One of the claimants becomes capable of giving a discharge without the concurrence of the others, or the disability of the person under legal disability ceases.

Section 8: This section specifies certain situations in which the general rule regarding the commencement of the limitation period is subject to exceptions. It states that Section 6 and Section 7 do not apply to suits related to enforcing pre-emption rights, nor do they extend the limitation period for such suits beyond three years from the cessation of the disability or the death of the person affected by the disability.

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Object behind Legal Disability provisions under Limitation Act

Protection of Vulnerable Individuals: These provisions aim to protect the rights of vulnerable individuals, such as minors or persons of unsound mind. These individuals might face difficulties in understanding their legal rights fully or pursuing legal claims effectively due to their disabilities or circumstances. By suspending the limitation period during their disability, these provisions ensure they have a fair opportunity to bring their claims once their disability ceases to exist.
Equitable and Fair Treatment: The provisions embody principles of equity and fairness in the legal system. They recognize that individuals facing legal disabilities should not be penalized by having their claims barred by time limitations while they are unable to act due to their conditions. Legal disability provisions ensure that justice is not denied to those who genuinely need it due to their circumstances.
Balancing Certainty and Justice: While limitation periods are essential to provide legal certainty and prevent stale claims, these provisions strike a balance by granting a reasonable extension to those who genuinely require it. They prevent potential abuse of the limitation period by providing a suspension when warranted, thereby ensuring justice is not compromised for those under such disability.
Promoting Access to Justice: By extending the limitation period for individuals under legal disability, the provisions promote access to justice. They allow such individuals and their legal representatives to gather evidence, assess their claims, and seek appropriate legal advice before initiating legal proceedings. This access to justice is crucial for protecting their rights and seeking appropriate remedies.

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Important cases on legal disability under limitation act, 1963

Narmada Bai v. State of Gujarat (AIR 2012 SC 2023): This case addressed the application of Section 6 of the Limitation Act in the context of a public interest litigation (PIL). The Supreme Court clarified that Section 6 applies even to PILs, and the limitation period can be extended in the interest of justice.
Mehmood Syed v. Manzoor Ahmed (AIR 2011 SC 2367): This case dealt with the scope of Section 7 of the Limitation Act, where the limitation period starts from the date of first refusal in cases where the law requires an application to be presented or made within a specified time.
J. Builders v. Sarup Singh (AIR 2005 SC 1458): This case discussed the concept of “special exceptions” under Section 8 of the Limitation Act and its application to cases where the law requires a suit or application to be presented or made within a time prescribed by that law.

Conclusion

The Legal Disability provisions under the Limitation Act serve as an important safeguard to protect the rights of vulnerable individuals and ensure that they are not unjustly barred from seeking legal remedies due to their disability. The provisions aim to strike a balance between the need for time limitations and the fair treatment of individuals facing challenges in pursuing their legal claims.

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Frequently Asked Questions(FAQ'S)

What is legal disability Section 6 Limitation Act?

Legal disability, as defined in Section 6, refers to certain conditions or circumstances that prevent a person from initiating legal actions within the standard limitation period such as minority and insanity.

What is Section 8 of the Limitation Act case law?

Section 8 of the Limitation Act, 1963, deals with “Special Exceptions” and addresses situations where another law prescribes a specific time limit for filing a lawsuit or making an application

What is Section 22 of the Limitation Act?

Section 22 states that in situations involving an ongoing breach of contract or a continuing tort, a new limitation period starts running with each passing moment as long as the breach or tort continues.

What is Section 27 of the Limitation Act?

Section 27 states that when the prescribed time limit for a person to file a suit for possession of a property comes to an end, their right to claim ownership or possession of that property will be extinguished.

What is Section 12 of Limitation Act case laws?

The cases on section 12 are as follows:

Meera Sahni v. Lt. Col. Shanti Swaroop Seth (2005) 5 SCC 188: In this case, the Supreme Court held that the language used in Section 12 is clear and unambiguous. It excludes the time spent by a plaintiff in prosecuting a civil proceeding in good faith against the same defendant or another person from the computation of the limitation period.
Baburam v. Neki (2013) 9 SCC 209: The Supreme Court in this case clarified that Section 12(3) would apply even if the first suit or application was dismissed for default or withdrawn. The plaintiff could still seek the exclusion of time from the computation of the limitation period for a fresh suit or application, as long as it was dismissed or withdrawn for reasons other than the merits of the claim.
Ramlal v. Rewa Coalfields Ltd. (1962) 2 SCR 762: This case dealt with the applicability of Section 12(1) when a plaintiff filed a suit in a wrong court due to a mistaken belief that it had jurisdiction. The Supreme Court held that the time spent by the plaintiff in prosecuting the suit in good faith in the wrong court could be excluded under Section 12(1).