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Report No. 3

7. Disability of one of several plaintiffs or applicants.-

Where one of several persons jointly entitled to institute a suit or to make an application for the execution of a decree is under any such disability, and a discharge can be given, without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.

Explanation.-(1) This section applies not only to claims for recovery of money but also to claims for the enforcement of other rights including rights in immovable property;

Explanation.-(2) The manager of a Hindu Joint Family governed by the Mitakshara law shall be deemed to be capable of giving a discharge only if he is in management of the Joint Family property.

(Section 7)

Limitation Act, 1908 Back

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