Provision
Section 7 addresses situations where multiple individuals are jointly entitled to institute a suit or make an application for the execution of a decree, and one or more of these individuals are under a legal disability (minority, insanity, or idiocy) at the time the period of limitation starts.
Key Points
- Joint Entitlement and Legal Disability
- If there are multiple persons entitled to file a suit or application and one or more are under a legal disability at the time from which the limitation period is to be reckoned, the law provides protection to the person(s) under the disability.
- Legal disability includes conditions such as minority (being a minor), insanity, or idiocy.
- Commencement of Limitation Period
- The limitation period for filing the suit or application does not commence until the disability ceases for the person(s) affected.
- This means that the limitation period is effectively paused until the person under disability reaches the age of majority, regains sanity, or recovers from idiocy.
- Multiple Persons and Disability
- When the disability of one person among several ends, the limitation period starts for all entitled persons.
- If there are multiple persons under disability, the limitation period starts only when the last person’s disability ceases.
- This ensures that all persons have an equal opportunity to file the suit or application without being prejudiced by the disability of one or more among them.
- Protection of Rights
- The section is designed to protect the legal rights of individuals who cannot act on their own behalf due to a legal disability.
- It ensures that the inability of one individual to act does not extinguish the collective right to seek legal redress.
- Illustration
- If A and B are entitled to file a suit and B is a minor when the cause of action arises, the limitation period will not commence until B attains majority.
- For instance, if B attains majority on January 1, 2022, the limitation period starts from that date.
- Legal Safeguards
- This section safeguards the interests of vulnerable individuals, ensuring that their legal rights are preserved until they are capable of making decisions and taking actions independently.
Conclusion
By addressing these points, Section 7 of the Limitation Act, 1963, ensures that the justice system remains fair and equitable, especially for those who are temporarily incapacitated from protecting their own legal interests.
