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Report No. 3

6. Legal Disability.-

(1) When 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 is insane, or is an idiot, he may institute the suit or make the application within the same period after the disability has ceased as would otherwise have been allowed from the time specified therefor in the third column of the schedule.

(2) Where such person is, at the time from which the prescribed period is 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 such 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 representative referred to in sub-section (3) is at the date of the death of the person whom lie represents affected by any such disability, the rules contained in sub­sections (1) and (2) shall apply.

(5) Where a person under disability dies after the disability ceases but within the period of limitation allowed to him under this section, his legal representative may institute a suit or make the application within the same period after the death as would otherwise have been allowed had the person under disability not died.

(Section 6)



Limitation Act, 1908 Back




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