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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Arun and Bala are jointly entitled to sue for a debt. Bala is a minor. A valid discharge for the debt can be given by Arun alone, without Bala's concurrence. Under Section 7, what is the effect on limitation?

Time runs against both Arun and Bala. Section 7 provides that if one of several joint claimants is disabled but a discharge can be given without that person's concurrence, limitation runs against all. Time is suspended only where no such discharge is possible.

  1. ATime does not run against either of them until Bala attains majority
  2. BTime runs against both of themCorrect
  3. CTime runs against Arun only
  4. DTime runs against Bala only, from his birth

Explanation

Under Section 7, where one of several joint holders is under disability and a discharge can be given without that person's concurrence, time will run against all of them. Because Arun can discharge the debt alone, Bala's minority gives no protection to either party.

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