Section 6 of the Limitation Act, 1963

Section 6 of the Limitation Act, 1963 addresses the situation where a person entitled to institute a suit or make an application is under a legal disability, such as minority, insanity, or idiocy. This section extends the limitation period for such individuals, ensuring that their legal rights are not adversely affected due to their incapacity.

Text of 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, 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 therefore 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 a person under disability dies after the disability ceases but within the period allowed to him under subsection (1) or subsection (2), his legal representative may institute the suit or make the application within the remaining period which the person under disability could have instituted such suit or made such application had he lived.

Explanation: For the purposes of this section, ‘minor’ includes a child in the womb.”

Key Points:

1. Legal Disability: Legal disability refers to conditions such as minority, insanity, or idiocy that impair a person’s ability to manage their affairs and take legal actions.
2. Shifting of Limitation Period: If a person entitled to file a suit or application is under a legal disability at the time the limitation period begins, the limitation period is shifted until the disability ceases. The person can initiate the legal action within the same period after the disability ceases, as would have been allowed from the original start of the limitation period.
3. Multiple Disabilities: If a person is affected by multiple disabilities, either simultaneously or sequentially, the extension applies until all disabilities have ceased. The person can initiate the legal action within the same period after the cessation of the last disability.
4. Legal Representative’s Rights: If the person under disability dies while still under the disability, their legal representative can initiate the legal action within the same period after the person’s death as would have been allowed if the person had lived and the disability had ceased. If the person dies after the disability ceases but within the extended period allowed under Section 6, their legal representative can initiate the action within the remaining period.
5. Minority: The term “minor” includes a child in the womb, ensuring that the rights of unborn children are protected under this provision.

Practical Implications:

• Protection of Rights: Section 6 protects the rights of individuals who are incapable of acting on their own behalf due to legal disabilities. It ensures that they do not lose their right to legal recourse simply because they were unable to act within the prescribed period.
• Legal Strategy: Legal representatives and guardians must be aware of the extended limitation periods provided under Section 6 to effectively manage the legal affairs of persons under disability.
• Judicial Consideration: Courts consider the specific circumstances of each case, including the nature and duration of the disability, to determine the applicability and extent of the extension provided under this section.

Landmark Judgments:

1. Rangammal v. Kuppuswami (2011): The Supreme Court of India held that the period of limitation would begin only after the cessation of the disability. This case reinforced the principle that legal disabilities must be given due consideration to ensure that affected individuals are not unjustly barred from seeking legal redress.
2. Gowramma v. Shivanand (2019): The Karnataka High Court reiterated that the purpose of Section 6 is to protect the interests of individuals under disability and ensure that their legal rights are not extinguished due to their incapacity.

Examples:

• Minority: If a minor is entitled to file a suit, the limitation period starts only after they reach the age of majority. For instance, if the limitation period for a particular suit is three years and the minor attains majority at 18, they can file the suit within three years from their 18th birthday.
• Insanity: If a person entitled to make an application becomes insane, the limitation period is extended until they regain sanity. For example, if the person recovers after five years, the limitation period starts from the date they regain sanity.
• Multiple Disabilities: If a person is a minor and also insane, the limitation period is extended until both disabilities cease. If the person attains majority but remains insane, the limitation period starts only after they regain sanity.

Conclusion:

Section 6 of the Limitation Act, 1963, is a vital provision that ensures individuals under legal disability are not deprived of their right to seek justice due to their incapacity. By extending the limitation period for such individuals, it upholds the principles of fairness and equity in the legal system. This section underscores the importance of accommodating the unique circumstances of persons under disability, thereby safeguarding their legal rights and interests.