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

Ravi, a minor, became entitled to sue for recovery of a sum on the date from which the prescribed period of limitation begins to run. Under the Limitation Act, 1963, when can he institute the suit?

Ravi may sue within the same period of limitation that the Schedule would have allowed, but counted from the date his minority ceases. Section 6(1) postpones the start of the period for a minor, and it does not shorten or extend the length of the period.

  1. AOnly within the prescribed period counted from the original date, ignoring his minority
  2. BWithin the same prescribed period after he ceases to be a minorCorrect
  3. CWithin one year after attaining majority, whatever the prescribed period
  4. DAt any time after attaining majority, without any time limit

Explanation

Section 6(1) allows a person who is a minor when the period is to be reckoned to sue within the same period after the disability has ceased, as would otherwise have been allowed from the time specified in the Schedule. The period is therefore not cut to one year and is not unlimited. Counting from the original date would defeat the protection.

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