Limitation act
Sonia Saini
(Querist) 29 May 2010
This query is : Resolved
can anyone explain what does the latter part of section 8 of the limitation act 1963 means that is
"or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application"
Devajyoti Barman
(Expert) 29 May 2010
For better appreciation of the meaning of this provision a combined study of section 6,7 and 8 needs to be made.
To make it short where the ordinary period for limitation expires after the cessation of disability (a) if the ordinary period is 3 years or more, the plaintiff has 3 years to sue from the cessation of disability, (b)if the ordinary period is less than 3 years, the plaintiff has only that ordinary period and same can not be extended to 3 years by section 8.
If the limitation expires before the cessation of disability then the (a) plaintiff has only 3 years from the date of cessation if the ordinary period is more than 3 years,(b)if it is less than 3 years then it is only that ordinary period and not 3 years by section 8.
Sonia Saini
(Querist) 30 May 2010
thank you so much for your kind reply ...
considering this if this i take a hypothetical example: if the ordinary period is say 12 years and a person is two years when the cause of action arises so applying the section he would be abled when he is 18 that is 16 years now ordinary time ceases when he is 14 years now after he has gained majority how much time would he get ???? only 3 years after he ceases to be disabled or the entire 12 years of ordinary period
Surrender K Singal
(Expert) 30 May 2010
Good explained satisfactory advice from Mr. Barman !
