Section 6 of LA : Section 6: Legal Disability

Explanation using Example

Imagine a scenario where an individual, Raj, had a legal claim against a company for a breach of contract. The standard limitation period for filing a lawsuit in this matter would be three years from the date the breach occurred. However, Raj was only 17 years old—a minor—when the breach happened.

According to Section 6(1) of The Limitation Act, 1963, Raj is entitled to wait until he turns 18, the age of majority, before the three-year limitation period begins. This means that Raj has until he turns 21 to file his lawsuit against the company.

If Raj had also been declared insane at the time he turned 18, Section 6(2) would allow him an extension of the limitation period until he no longer suffers from both disabilities—the minority and the insanity.

In the unfortunate event that Raj passes away before filing the lawsuit, and he was still a minor, Section 6(3) would permit his legal representative to file the claim within the same three-year period after Raj's death, as would have been allowed if Raj had lived.

If Raj's legal representative, say his mother, was herself a minor or insane at the time of Raj's death, then Section 6(4) would apply, and the limitation period would be extended until the representative's disability has ceased.

Finally, if Raj turns 18 and is no longer a minor, but dies within the three-year period allowed for him to file the lawsuit, Section 6(5) ensures that Raj's legal representative can still file the claim within the remainder of the three-year period available to Raj had he not passed away.