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Report No. 89

Chapter 6

Section 6: Legal Disability

6.1. Section.-Legal disability.- Where a person entitled to institute proceedings is under a legal disability, some concession is obviously required in respect of the law of limitation, since it is probable that the person looking after the affairs of one under disability may not take that much interest in his affairs as is required for the institution of legal proceedings for the enforcement of a right vested in the person under disability. To provide for such a situation, section 6, in five sub-sections, enacts elaborate provisions concerning minors, insane persons and idiots.

The proceedings to which the section applies are suits and applications for the execution of a decree. Broadly speaking, under sub¬section (1) (which is the operative provision), if the person entitled to institute a suit or make an application for adjudication of a decree is, at the time from which the prescribed period is to be reckoned, under disability, he can institute the suit or make an application within the same period after the disability ceases, "as would otherwise have been allowed from the time specified therefor in the third column of the Schedule".

The other sub-sections of the section deal with certain matters of detail, such as disabilities of more than one kind or successive disabilities, disability followed by death, the position regarding legal representatives, and so on. The Explanation to the section makes it clear that "minor" includes a child in the womb.

6.2. No change needed.- The extensive case-law on the section, on a perusal, does not bring to light any problems that need solution by an amendment of the section. We do not, therefore, recommend any change in the section.

The Limitation Act, 1963 Back

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