New Upcoming Legal Jobs Free Workshop March 11 at 5 PM. Register here

    Question

    Section 6 of the limitation Act is related to:

    A Bar of limitation Correct Answer Incorrect Answer
    B Legal disability Correct Answer Incorrect Answer
    C Both (a) and (b) Correct Answer Incorrect Answer
    D None of the above. Correct Answer Incorrect Answer

    Solution

    S. 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 time 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 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.

    Practice Next