A Study On Legal Disability Under The Limitation Act, 1963 In The Light Of Decided Cases

Shrusti Mulgund, Symbiosis Law School Hyderabad

ABSTRACT

Every citizen of India has a right to seek legal remedy, but in some cases, certain people are barred from filing a suit or for applying execution of decree due to legal disability. In order to safeguard the right to seek legal remedy of people with legal disability, they will be provided with an extended limitation to file a suit or to apply for execution of decree. The main objective of this research paper is to give an in depth understanding of Legal disability as provided in the Limitation Act, 1963. The researcher has discussed about the different kind of legal disability provided under the Act. Doctrinal research methodology has been employed by the researcher to carry out research in the present study with the help of secondary data. The Act lays down provisions regarding when the extended limitation period for the legally disabled will begin, what happens when the legally disabled person dies and when the time starts running in case of several persons jointly entitled, in which one or more of them are legally disabled. In the present study the rules regarding the legal disability provided in several sections of the Act has been explained by the researcher. Judicial interpretations provide a clear picture as to how the laws are interpreted and applied in the cases. Hence, the researcher has provided the judicial interpretation regarding legal disability & the rules pertaining to it in the present study. The researcher has summarized the study’s conclusions and has provided some recommendations.

Keyword: Legal disability, Limitation act, Legal remedy, Suit, Decree, Extended limitation, Rules