Legal Disability under Limitation Act 1963

Introduction

The Limitation Act, 1963, is a key piece of legislation in India that governs the time limits within which legal proceedings must be initiated. One of its significant provisions pertains to legal disability, which refers to specific conditions that prevent a person from exercising their legal rights within the prescribed limitation period. This article explores the concept of legal disability under the Limitation Act 1963, its implications, and related judicial interpretations.

Meaning of Legal Disability

Legal disability means a condition recognized by law in which a person is incapable of instituting a suit or legal proceeding due to factors like minority, unsoundness of mind, or idiocy. The Limitation Act acknowledges that such individuals should not be unfairly prejudiced for delays caused by their inability to act legally on their own behalf.

Relevant Provisions of the Limitation Act, 1963

Section 6: Legal Disability

Section 6 of the Limitation Act provides relief to persons under legal disability. It states:

“Where a person entitled to institute a suit or make an application for execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane or an idiot, he may institute the suit or make the application within the same period after the disability has ceased…”

Key Elements:

• The disability must exist at the time when the right to sue or apply accrues.
• The clock for limitation starts only after the disability ceases.
• If multiple disabilities exist, the period starts after the last one ends.

Who Are Considered as Legally Disabled?

Under Section 6 of the Act, the following persons are considered as legally disabled:

1. Minor

Any person below the age of 18 years.

2. Person of Unsound Mind

An individual who is incapable of understanding legal proceedings due to mental instability.

3. Idiot

A person suffering from mental incapacity since birth or early childhood, rendering them incapable of making rational decisions.

Section 7: Disability of One of Several Persons

Section 7 addresses situations where a right to sue or make an application is held by several persons jointly, but only one or more of them are under a legal disability. In such cases:

• If one of the joint right holders is under disability, the others who are not disabled must act within the normal limitation period.
• The disabled person retains the right to sue within the extended period after the disability ends.

Section 8: Special Limitation Period Despite Disability

Section 8 creates an exception to Sections 6 and 7. It provides that:

“Nothing in Section 6 or Section 7 shall enable any person to institute a suit or application after the expiry of the prescribed period when such period exceeds three years and the disability continues beyond the permitted time.”

In simpler terms, if the prescribed limitation period exceeds three years, the outer limit is capped at three years from the cessation of disability, regardless of the original time limit.

Judicial Interpretations

Indian courts have clarified various aspects of legal disability:

K. Veerappa vs Subba Reddy (1999)

The Supreme Court held that a person under legal disability is entitled to benefit under Section 6 only if the disability existed at the time the cause of action arose.

Sita Ram vs Ramavati (AIR 1976 All 318)

It was held that when two or more disabilities co-exist, the limitation period shall start only after the last disability ceases.

Importance of Legal Disability in Law of Limitation

The provision of legal disability under Limitation Act 1963 serves a protective function. It ensures that individuals who cannot legally act on their own are not deprived of their right to justice due to procedural time limits. It balances procedural efficiency with substantive fairness.

Practical Examples

Example 1:

A minor is entitled to inherit property but does not file a suit within the limitation period. As per Section 6, the limitation will begin only when the minor attains majority.

Example 2:

If a person becomes mentally unstable after a cause of action arises, he cannot claim extension under Section 6 because the disability must exist at the time the limitation period begins.