University Institute Of Legal Studies Panjab University
CPC “EFFECT OF DISABILIT O! I"ABILIT O" LI#ITATIO"$
Sub%itted t&'
Sub%itted by'
Dr( )aran *a+anda, *a+and a,
-ars.it Anand
/CPC0
123415, 6t. se%(
UILS,PU(
B(7&%(llb(/-&ns0
Acknowledgement Dr. KARAN JAWANDA, JAWANDA , a I wish wish to conv convey ey my grea greate test st appr apprec ecia iati tion on to Dr.
professional professor and great mentor, who challenged and organized my thoughts and helped convert them to the written words. I would also like like to thank thank UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB ANJAB
UNIVE UN IVERS RSITY ITY,
CHAN CHANDIG DIGARH ARH,
for
their
initial
faith
and
encouragement that I submit my project report. frie!" " and other I am inde ndebted to my frie! other family family member members s for provi providin ding g
kindness and help in making this project.
2|Page
TABLE OF CONTENTS
S.NO
TOPIC
Page No
1.
Introduction
!.
"i#tor$
%&
'.
O()ect o* t+e law o* limitation
&%
.
Con#truction o* t+e law o* limitation
-.
Bar# remed$ not etingui#+ rig+t
/
&.
Pro0i#ion# regarding legal di#a(ilit$
/%1
.
A22lica(ilit$
1%11
/.
3i#a(ilit$ co0ered
11%1!
4.
E5ect o* di#a(ilit$
1!%1
1.
A22lica(ilit$ to c+ild in wom(
1
11.
Calculating t+e 2eriod
1%1&
1!.
Conclu#ion
1
1'.
Bi(liogra2+$
1/
|Page
Introduction !aw is the back"bone for the standing of the peaceful and live society. It lives and changes with the change in the society. #he mortality is the fate of every life. #he nature and its laws follow it without break and deviations. $o would be the fate with the litigations, because there is no good to the society in keeping them to be live for sine"die period. #he law of limitation is founded on the !atin ma%im &I#ere"# re$%&'i()e %# "i# *i" 'i#i%m' , which means that it is for the general welfare that a period be put to litigation. #he (on)ble $upreme *ourt in 6a)endar Sing+ 0. Santa Sing+ 1 held that the object of the law of limitation is to prevent disturbance or deprivation may have been ac+uired in e+uity and justice by long enjoyment or what may have been lost by a party)s own inaction, negligence or laches.
"i#tor$ #he traces of law of limitations can be observed in almost every period -uga of (indu mythology i.e. $at, #reta, /wapar 0 now in 1ali. %ample can be seen in 3amayan 0 4ahabharat also. (owever, some writers 2 state that under the (indu 5urisprudence there was only a law of prescription and no law of limitation as such. 6or the ac+uisition of the title by prescription a period of 27 years was laid down by certain $mriti writers though others di8ered regarding the length of period. #he main occupation of the people being agriculture and there being very little
9 :I3 9;asu)s commentary on !imitation :ct? @th dition, 277@, pp.9,< A|Page
commerce or trade, concentration was more on the land and the rights therein. #his was the position not only in (indu society but also in other countries? thus in ngland before 5ames $tatute of 1-!' there was no speciBc !aw of !imitation. 1-!' A.3
5ames $tatute introduced in ngland for the !aw of
!imitation. 14' A.3.
6rom 9efore 9C=; i.e. till 9C=C two systems of !aw of !imitation
were adopted by the *ourts in India. In Presidency towns viz. *alcutta, 4adras and >ombay the nglish !aw was followed? whereas in 4o8usills courts administered the law as laid down by the 3egulations which passed from time to time. 1/-4 A.3.
6irst time :ct DIE of 9C=; was passed a law on the subject
!imitation. 1/&! A.3. 1/1 A.3. 1/ A.3.
:ct DIE of 9C=; came in to operation. :ct DID of 9Cill was
accorded? and thus #he !imitation :ct, 9;@ came in to e%istence. 1#t 7an, 14&
#he !imitation :ct, 9;@ came in to force.
O()ect o* t+e Law o* Limitation #he object of the !aw of !imitation is well known that interest of the $tate re+uires that there should be an end of litigation. #he utility of a $tatute of !imitation has never been a matter of serious doubt or dispute. It has been said that the $tatute of !imitation is a $tatute of repose, peace, and justice. It is one of the repose, because it e%tinguishes stale demands and +uiets title, in the words of 5ohn Eoet, controversies are restricted to a B%ed period of time lest they become immortal while men are mortal. It secures peace as it ensures security of rights and secures justice, as by lapse of time evidence in support of rights may have been destroyed. #here can be thus being no doubt that it #he !aw of !imitation rests on the @|Page
sound policy. #he operation of the law of prescription has been e%plained by !ord Plunket in a striking metaphor. (e stated that time holds in on hand a scythe and in the other, a hour"glass. #he scythe moves down the evidence of our rights while the hourglass measures the period which renders that evidence superuous. *ommenting on this a learned author observes that the metaphor could have been completed by adding, so far as India is concerned, that the frame work of the hour"glass will certainly decay, the glass be broken and the sand escape. #he object or the law of limitation is to prevent disturbance or deprivation of what may have been ac+uired in e+uity and justice by long enjoyment or what may have been lost by a partyJs own inaction, negligence, or laches. + 6a)ender Sing+ and Or#.8#.Santa Sing+ and Or#. -
3ules of limitation are not meant to destroy the rights of parties. #hey are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. #he object of providing a legal remedy is to repair the damage caused by reason of legal injury. #he law of limitation B%es a life" span for such legal remedy for the redress of the legal injury so su8ered. #ime is precious and wasted time would never revisit. /uring the eKu% of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. $o, a life"span must be B%ed for each remedy. Lnending period for launching the remedy may lead to unending uncertainty and conse+uential anarchy. #he law of limitation is thus founded on public policy. It is enshrined in the ma%im interest re publicae ut sit fnis litium it is for the general welfare that a period be put to litigation.
#he idea is that every legal remedy must be kept alive for legislatively B%ed
3eport of the !aw *ommission of India on the !imitation :ct, p.9 A :I3 9;ut on account of good sense if : performs the contract, even 9st 4arch 277@, nobody is going to stop him, nor he can later Ble a suit to get the sale deed cancelled on the ground that he was not obliged to perform the contract after the limitation. Ece2tion< (owever there is an e%ception to the aforesaid rule. $ection 2<
of the :ct says that at the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be e%tinguished. #his provision has been kept because the adverse possession creates an absolute ownership in favor of the person who is in adverse possession
Pro0i#ion# regarding legal di#a(ilit$ or ina(ilit$ Section &.Legal di#a(ilit$ 4%
9 Hhere a person entitled to institute a suit or make an application for the e%ecution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as
C supra = ; >are :ct, &#he !imitation :ct,9;@', Lniversal Publications, 277< ;|Page
would otherwise have been allowed from the time speciBed therefore in the third column of the $chedule. 2 Hhere such person is, at the time from which the prescribed period is to be reckoned, a8ected by two such disabilities, or where, before his disability has ceased, he is a8ected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so speciBed. Hhere the disability continues up to the death of that person, his legal representative may institute the suit or makes the application within the same period after the death, as would otherwise have been allowed from the time so speciBed. A Hhere the legal representative referred to in sub section is, at the date of the death of the person whom he represents, a8ected by any such disability, the rules contained in sub"sections 9 and 2 shall apply. = Hhere a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died. E2lanation. "6or the purposes of this section, Mminor) includes a child in
the womb. Section . 3i#a(ilit$ o* one o* #e0eral 2er#on# 1%
Hhere on of several persons jointly entitled to institute a suit or make an application for the e%ecution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all? but, where no such discharge can be given, time will not 97 >are :ct, &#he !imitation :ct,9;@', Lniversal Publications, 277< 97 | P a g e
run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. E2lanation 1 "#his section applies to discharge from every kind of liability,
including a liability in respect of any immovable property. E2lanation II"6or the purposes of this section, the manager of a (indu
undivided family governed by the 4itakshara law shall he deemed to be capable of giving a discharge without the concurrence of"the other members of the family only if he is in management of the joint family property. Section /. S2ecial ece2tion# 11%
Nothing in $ection @ or in $ection < applies to suits to enforce rights of pre" emption, or shall be deemed to e%tend, for more than three years from the cessation of the disability or the death of the person a8ected thereby, the period of limitation for any suit or application. Section 4. Continuou# running o* time1!%
Hhere once time has begun to run, no subse+uent disability or inability to institute a suit or make an application stops itO Provided that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues
A22lica(ilit$ 99 >are :ct, &#he !imitation :ct,9;@', Lniversal Publications, 277< 92 Ibid 99 | P a g e
$ection @ is controlled by section C which serves as an e%ception to section @ and ut it does not apply to the suits under !and 3eforms :ct, 9;=7. #he section confers a personal privilege on the person under disability, a privilege conBned to him and not ensuring for the beneBts of his assigns or even his legal representatives, e%cepting in a case falling under sub"section of the section. $ection @ is also applicable to 6atal :ccidents :ct. #he law is fairly settled that a son born in a joint (indu family ac+uires by birth interest in ancestral property, but does not ac+uire any interest in any right to sue. Now new cause of action accrues upon the subse+uent birth of a son in the family. *onse+uently, a fresh period of limitation does not start from the date of his birth. Hhen he was not born on the date of transfer, he could not be s aid to be su8ering from any disability on that date and eventually cannot take advantage of section @. $ection @, < and C of the !imitation :ct must be read together. $ection C imposes a limitation on concession provided under 92 | P a g e
section sections @ and < to a person under disability to a ma%imum of three years after the cessation of the disability.
3i#a(ilit$ co0ered Fnly disability covered by s. @ are minority, lunacy and idiocy of the person entitled to sue or Ble an application for e%ecution. #he insolvency of the parties does not attract s. @. $ection @ has been made applicable to the special and local laws unless e%pressly e%cluded in view of s. 2; of the !imitation :ct. >ut when s. @ e%pressly states that the e%tension in that section is limited to the period of the limitation speciBed in the third column of the :ct, s. @ cannot apply to the period of limitation prescribed under the *ode of *ivil Procedure. In one decision it has been held that s. @ does not apply to the limitation prescribed by s. AC, *ode of *ivil Procedure. :ppeals by minor not attracted. $ection @ does not attract to the appeals when minors wants to prefer an appeal against the judgment and decree passed by the trial court during his minority in which he was represented by his guardian. #he reason behind e%clusion of s. @ to appeal is that when a suit is instituted the ne%t friend is appointed for a defendant or the plainti8 by the court under Fr 2, *ode of *ivil Procedure and the decree passed in the suit in the presence of the guardian ad litem is binding on the minor and that at best it is only voidable and not void. (owever when a judgment and decree was passed during the minority and the minor on attaining majority wanted to prefer appeal against the said judgment and decree, the 1erala (igh *ourt has held that even though the appeal is barred by the limitation but making liberal approach to the interpretation of s. = of the !imitation :ct with special reference to the disability of the minor, the delay in Bling the appeal ought to be condoned under s. = of the !imitation :ct. 9 | P a g e
E5ect o* di#a(ilit$ $tatutes of limitations are designed to aid defendants. : plainti8, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. Hhen the statute is tolled, the running of the time period is suspended until some event speciBed by law takes place. #olling provisions beneBt a plainti8 by e%tending the time period in which he is permitted to bring suit. Earious events or circumstances will toll a statute of limitations. It is tolled when one of the parties is under a legal disabilitythe lack of legal capacity to do an actat the time the cause of action accrues. : child or a person with a mental illness is regarded as being incapable of initiating a legal action on her own behalf. #herefore, the time limit will be tolled until some B%ed time after the disability has been removed. 6or e%ample, once a child reaches the age of majority, the counting of time will be resumed. : personal disability that postpones the operation of the statute against an individual may be asserted only by that individual. If a party is under more than one disability, the statute of limitations does not begin to run until all the disabilities are removed. Fnce the statute begins to run, it will not be suspended by the subse+uent disability of any of the parties unless speciBed by statute.9 4ere ignorance of the e%istence of a cause of action generally does not toll the statute of limitations, particularly when the facts could have been learned by in+uiry or diligence. In cases where a cause of action has been fraudulently concealed, the statute of limitations is tolled until the action is, or could have been, discovered through the e%ercise of due diligence. Frdinarily, silence or failure to disclose the e%istence of a cause of action 9 Lnion of india v. 3am charan, :I3 9;@A $* 29= 9A | P a g e
does not toll the statute. #he absence of the plainti8 or defendant from the jurisdiction does not suspend the running of the statute of limitations, unless the statute so provides. #he statute of limitations for a debt or obligation may be tolled by either an unconditional promise to pay the debt or an acknowledgement of the debt. #he time limitation on bringing a lawsuit to enforce payment of the debt is suspended until the time for payment established under the promise or :cknowledgment has arrived. Lpon that due date, the period of limitations will start again.9A Hhere a person entitled to institute a suit or make an application for the e%ecution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or 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 speciBed therefore in third column of the schedule. #he word suit has not been deBned in the !imitation :ct, 9;@. #he suit according to the section 2@ of the *ode of *ivil Procedure is instituted by the presentation of plaint or such or in such other manner as may be prescribed. $ub"section 29= clearly provides that provisions of the section A to 2A apply to all the enactments. It means that aforesaid provisions are also the part of the :ct. #he main +uestion for determination is whether the claim Bled by the appellant falls within the deBnition of the words. Now the +uestion is whether the section @ of the !imitation :ct, 9;@ is applicable to such cases the limitation of which are provided in the schedule or it applies to other cases also of which the limitation is not provided in the schedule. $ub section 2 of the section 2; of the !imitation :ct provides that 9A Phool rani v. Naubat 3ai :hluwalia,9;ut in the case of Batuk 0. 6udra1& it was held that that the three years must be counted, not
from the date of attainment of majority, but from the date of cessation of minority.
9@ :I3 9; becomes insane, still the time will not stop running and if the suit is not Bled within three years of purchasing the goods, the same will be time barred. $o, section @ applies only to the cases of initial and not to subse+uent disability. 6urther it does not provide for a fresh starting point of limitation rather the person under disability is only entitled to an e%tension of time counting from the cessation of his disability.
9C | P a g e
Conclu#ion
*ommon law legal system might have a statute, for e%ample, limiting the time for prosecution of crimes designated as misdemeanors to two years after the o8ense occurred. Lnder such a statute, if a person is discovered to have committed a misdemeanor three years ago, the time has e%pired for the prosecution of the misdemeanor. Hhile on one hand it may seem unfair to forbid prosecution of crimes that law enforcement can now prove to the standard re+uired by law cf., e.g., >eyond a reasonable doubt, *lear and convincing evidence, and Preponderance of the evidence, the purpose of a statute of limitations or its e+uivalent is to ensure that the possibility of punishment for an act committed suQciently long ago cannot give rise to either a personJs incarceration or the criminal justice systemJs activation. In short, unless the crime is e%ceptionally heinous in nature, social justice as enacted through law has compromised that lesser crimes from long ago are best let be rather than distract attention from contemporary serious crimes. #hus under !imitation :ct , 9;@, if the person is a minor or under a legal disability, when the right to sue starts, than the time of limitation shall start running only when the person becomes major or the disability ceases to e%ist. (owever for certain suits, the limitation cannot e%tend for more than three years, after the cessation of disability or attaining majority. 6or e%ample, : lends money to > with a condition that the money would be repaid after two months. #he time limitation will start running only after two months of the date of lending. :fter one and half month : becomes insane, which insanity continues for twelve years. #he time shall start running only after twelve years. In a suit for redemption or foreclosure of mortgage if the limitation of 7 years e%pired during the period of insanity of the plainti8, the
9; | P a g e
ma%imum limitation which can be allowed to him after cessation of the disability would be three years. $ections @, < 0 C.
BIBLIO=6AP">
>FF1 $FL3*$O •
#akwani *.1, M*ivil Procedure with !imitation :ct, 9;@)? astern >ook
•
*ompany, !ucknow, 279=. 4ulla? &#he *ode of *ivil Procedure' !e%is Ne%is >utterworth)s
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Publications 9 $FL3*$O •
httpOGGwww.lawteacher.netGfree"law"essaysGcontract"lawGe8ect"of"
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disability"on"limitation"period"contract"law"essay.php httpOGGindiankanoon.orgG httpOGGwww.lawteacher.netGfree"law"essaysGcontract"lawGe8ect"of"
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disability"on"limitation"period"contract"law"essay.php httpOGGadmis.hp.nic.inGhimpolG*itizenG!aw!ibG*
[email protected]>@ httpOGGwww.legalservicesindia.comGarticleGarticleGcondonation"of"delay"
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and"law"of"limitation"=A"9.html httpOGGwww.shareyouressays.comG99;A
