Law: Limitation Act (IX of 1908)

Section: 6 , 7

  Limitation Act (IX of 1908)----- ----Ss. 6 & 7---Disability of one of several plaintiffs for filing suit---Time for filing suit when not to run against any of such plaintiffs---Time would not run against a disabled person viz. minor insane or idiot---Exception. Section 6 of the Limitation Act lays down a general rule that time for filing a suit would not run against a disabled person who was minor, insane or idiot. Such a disabled person could bring action in Court of law after his disability had ceased to exist. Limitation for filing suit would commence from the date of cessation of the disability. Section 7 is an exception to the general principle enunciated by Section 6. It lays down that if more than one person were jointly entitled to institute a suit and if one of them was disabled, time will not run against any of them until the disability of the disabled person had ceased to exist. But if one of the persons was entitled to institute the suit and was competent to give discharge without the concurrence of the other, then time would run against both. In such an eventuality benefit of section 6 will not be available. Fatal Accidents (XIII of 1855)--- ----Ss. 1 & 2---Limitation Act (IX of 1908), S.7---Death by rash and negligent act---Suit for compensation---Extension of time---Essentials---Time to sue would be extended where one or more heirs were minors---Heirs of victim of accidental death were tenants-in-common and not joint tenants---Interest of each one of such heirs was distinct and separate, none of them being competent to give discharge in respect of the right of other---Where one of such persons was under disability, S.7, Limitation Act, 1908, would come into play and extend period of Limitation for the entire body of co-heirs who had a joint right to sue---Provisions of S.7, Limitation Act, 1908, would apply when right to sue was joint irrespective of whether substantive right was joint or not---Only one suit could be brought for damages for loss of expectation of life by persons who were entitled to damages---Each of the plaintiffs was entitled to claim compensation for death of deceased in their own right and were entitled to…