Section 6. Legal disability
Section 6. Legal disability
(1) Where 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 insane, or 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 times so specified.
(3) Where the disability continues up to the death of that 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 legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
Explanation: For the purposes of this section ‘minor’ includes a child in the womb.
Section 6(1) – 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, as would otherwise have been allowed from the time specified therefor in the third column of schedule.
Section 6(2) says – 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 application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified.
Section 6(3) says – Where disability continues upto death of that person, his legal representatives may institute the suit or make the application within the same period after his death, as would otherwise have been allowed from the time so specified.
Section 6(4) – Where the legal representative as mentioned in 6(3) at the date of death of the person whom he represents, affected by any such disability,the rules of section 6(1) & 6(2) shall apply.
Section 6(5) – Where disability ceases & person dies within the period allowed, his legal representatives may institute the suit or make the application within the same period after the death, as would have been otherwise available to him, had he not died.
EXPLANATION- ‘Minor includes a child in the womb.
The provision of Section 6,7 & 8 of the Limitation Act, 1963 are not mutually exclusive. On the other hand, they are supplementary the latter section supplementing the former.
Section 6 confers benefits on the disabled persons so far as the right of suing or making an application for execution of decree is concerned, but it has no application for appeals. Section 6 recognises & takes note of no other legal disability except those mentioned therein for the purpose of limitation. Therefore, disabilities other than those mentioned in Section 6 are not germane to the law of limitation, and are therefore not relevant for the purpose. War & Rebellion do not check limitation.
Section 6 does not apply where the period of limitation is prescribed by an Act other than limitation act. The benefit of Section 6 is available to a minor only in respect of a suit or an application for execution of a decree. This section does not apply to an application to set aside sale or to other proceedings in execution of a decree.
Section 6 (1) requisite for applicability:-
1. The person is whom the right to sue vests, must be in existence on the date from which the limitation starts running.
2. The person should be under a disability at the time from which the period of limitation starts.
Note: Any subsequent disability of an after-born (after adoption) son will not arrest the running of limitation. It was a case where when the limitation began to run, the minor was not yet adopted.
A child in mother’s womb– Section 6 of limitation act would apply to a child in mother’s womb. A child in mother’s womb is deemed to be in existence, at least for purpose of inheritance and thus has a right to challenge and is a person suffering from disability under Section 6 Limitation Act, 1963.
Minor with a guardian– Section 6 applies to every minor, whether he has a guardian or not. Mere fact that there was a guardian on his behalf who could have sued earlier, would not deprive him of the protection given to him.
Idols whether minor? – The doctrine that idol is a perpetual minor has no application. An idol is as much subject to the law of limitation as a natural person and cannot claim exemption on the ground that it is a perpetual infant.
Ameer Ali in Anantakrishna V. Prayagdass 1937 ILR – Sounded a note of warning. “In the case of a minor, he is being protected & his property is being saved, so that he can enjoy it to the full upon attaining majority. In the case of a deity, there is no such thing. There is no future time when a deity will became major & enjoy the property.”
‘Transferor’ Section 6 is a personal exemption :- Section 6 of the Limitation Act, 1963 is a purely personal exemption on certain class of persons. The benefit of such exemption cannot be taken by the transferee from the person under a disability. An alienation of the cause of action terminate the existing disability and on general principles carries with it the rights to sue thereon.
J. Wilson in Rudrakant Surma Sircar v. Nobo Kishore Surma Biswas A minor, irrespective of the fact that he was subject to the control of court of wards is still governed by the principles of Section 6. A court of wards merely assumes the superintendence of the property of any proprietor; the estate does not vest in the court of wards.
Adverse possession against a minor – LORD HARDWICKE in Morgan v. Morgan 1737 – Where any person whether a father or a stranger, enters upon the estate of an infant and continues in possession, this court will consider such person entering as a guardian to that infant.
Hence, the law presumes that whosoever enters into the possession of a property belonging to a minor, does so on behalf of the minor and such possession continues with him for and on behalf of the minor.
A person cannot do so until, after the minor attains majority, he does something to change that possession into a wrongful one.
But in— Bailochen v. Basant Kumari – AIR 1999 SC 876
As a general rule, limitation begins to run from the date of accrual of cause of action. Section 6 is an exception to that general rule. Section 6 does not provide for a fresh starting point of limitation. Section 6 does not prevent running of limitation but it only extends the periods of limitation.
This section applies only where the person is already under a disability when the right to sue accrues. Section 6 applies only when the disability is in existence at the time when the limitation begins to run. If a disability supervenes subsequently, then the benefit of this Section cannot be taken. This is made clear by Section 9 which says that where once time has begun to run, no subsequent disability or inability to sue stops it.
Disability must be continuous– If a person entitled to file a suit is a minor and before he attains majority, he becomes insane, time would be extended. Again, if he dies during insanity & his legal representative is minor, extension of time is allowed to both the minor & his legal representatives. But the disabilities must overlap each other. If there is any interval, however short, between the termination of first disability, and the supervening disability, time will begin to run on the termination of first disability & the second disability would have no effect. If for instance, minor become insane even two days after he attained majority, he would lose the benefit of this section.
Minor with a guardian—Section 6 is an enabling provision & it does not bar an action being brought during the continuance of disability. Minor can bring a suit during his minority by his guardian/ next friend and can claim the benefit of this section. This section will save such suit from the bar of limitation, even though instituted after the ordinary period prescribed for the suit. When the guardian has not brought any suit on the minor’s behalf, the minor may after the cessation of minority may bring a suit within the time allowed under Section 6 & 8.
