Legal Disability (Sections. 6-7)
Mains Questions – Limitation Act
Q. 1. The limitation period for instituting a suit by P expired when P was still a minor. Can P file the suit when he becomes major, if so, whether immediately after he becomes major or within the prescribed period of limitati6n after he becomes major. [HJS 1984]
Q. 2. What is legal disability? To what extent such disability extends the period of limitation under the Indian Limitation Act? [HJS 1988]
Q. 3. What are legal disabilities? How do they affect the question of limitation prescribed for the institution of suit? [HJS 2003]
Q. 4. What do you understand by legal disability, as embodied under the Limitation Act?
(i) Cause of action accrued to plaintiffs father in 1917 when he was a minor. The plaintiff was not even born at that time. After the death of the plaintiffs father, the plaintiff got the right to sue, but he was then a minor for several years. The plaintiff filed a suit on attaining majority. Would the suit be maintainable?
(ii) A had a right to sue in 2002 (limitation 3 years). He remained insane from 2004 to 2006. He instituted a suit in 2006. Would his suit be barred by limitation? [HJS 2009]
Q.5. How do you construe ‘legal disability’ as embodied under the Limitation Act, 1963? [HJS 2015]
Q. 6. What is ‘legal disability’ under the Limitation Act, 1963? [RJS 2011]
Q. 7. What is the difference between :
(a) A incurs a debt to a firm of which B, C and D are partners. B is insane and C is a minor. D can give a discharge of the debt without the concurrence of B and C. When will time run against B, C & D? [DJS 1980]
Q. 8 A right to sue accrues to Z during his minority. After the accrual but while Z is still a minor he becomes insane. When will period begin to run? [DJS 1980]
Q.9. Facts: A “child” in a womb got the exclusive sole right to an immovable property on 01.11.1995. The child was born on 01.07.1996.
(i) Upto which date can the child file a suit for possession of such immovable property? Explain with relevant laws.
(ii) What will be the consequences if suit is not filed within the prescribed limitation? [MPJS 2013]
