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Report No. 89

Chapter 8

Section 8: Special Exceptions to The Provisions Concerning Disability

8.1. Special Exceptions to the provisions concerning disability.- Section 8 provides that the provisions concerning disability (sections 6 and 7) do not apply to suits to enforce rights of pre-emption, nor shall be deemed to extend, for more than three years from the cessation of the disability of the death of the person affected thereby, the period of limitation of any suit or application.

The section th.-(i) totally excludes from the beneficial provisions suits to enforce right of pre-emption, and (ii) puts an arithmetical limit on the extent to which the beneficial provisions relating to disability can operate. The first exclusion is limited to one category of suits, while the second applies to all suits and applications.

The exclusion of suits for pre-emption appears to be based on a legislative policy of not giving any relaxation to such suits, presumably in order that transactions concerning immovable property may not be kept in suspense for a long time1. This is fact is the rationale underlying the requirement generally met with in rules of the substantive law concerning pre-emption, to the effect that the "demand" for pre-emption should be made immediately after the sale.

The second restriction imposed by section 8 obviously shows legislative anxiety to maintain a balance between the consideration that stale demands should be discouraged and the counter-balancing consideration that the law of limitation ought not to operate in such a way as to cause serious hardship in individual cases.

1. Cf. section 16(3).

8.2. No change needed.- The section has not caused any serious difficulties or controversies, and does not seem to require change.

The Limitation Act, 1963 Back

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