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

Meena was insane when her cause of action arose and remained so until her death. Her adult son Kiran, who has no disability, is her legal representative. Under Section 6, what is the position?

Kiran can sue within the same period of limitation, counted from Meena's death. Under Section 6(3), where the disability continues until death, the legal representative gets the full period after the death as would have been allowed from the time specified in the Schedule.

  1. AKiran may sue within the same period after Meena's death as would otherwise have been allowed from the time specified in the ScheduleCorrect
  2. BKiran's suit is barred because Meena never recovered capacity
  3. CKiran may sue only within the original period counted from the date of the cause of action
  4. DKiran may sue within three years of Meena's death in every case

Explanation

Section 6(3) provides that where the disability continues up to the person's death, the legal representative may sue within the same period after the death as would otherwise have been allowed from the time specified in the Schedule. The three-year figure is invented, and the bar option ignores Section 6(3).

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