Section 23 Section 9
It was noteworthy that Section 6 of the Act corresponds with the old Act but has undergone some changes, unlike Section 9, which has not undergone any change and does not need any either.
EFFECT OF DISABILITY ON LIMITATION PERIOD:
Statutes of limitations are designed to help the side of the defendants. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit.
Various events or circumstances will toll a statute of limitations. It is tolled when one of the parties is …show more content…
In the point of view of understanding the statement “once the time has begun to run, no subsequent disability or inability stops it” under Section 9, it only seems right to look into analyzing the others which help shed more light on the same. The joint effect of this and previous sections is that, if advantage is taken of two disabilities, they must \overlap each other in such a way as to leave no gap of normal period between them, that is to say, period which is free from all disabilities, because as soon as such an interval occurs, the time begins to run and subsequent inability or disability is powerless to stop its running. If it is either not a continuing disability from the beginning (when the cause of action arose), or if one ceases to be under a disability even for a day, time begins to run against him and subsequent disability of himself or after his death that of his legal representative, will not avail to save limitation. An example of the same would be, C, a Hindu minor, is under the guardianship of his own mother M. He is deprived of the possession of his family estate by a trespasser Y. All this while he is yet a minor and under the guardianship oh his own mother M. While he was still a minor, C dies and is succeeded to his estate by the mother M, the erstwhile (former) guardian. Here, time begins to run against the mother M as soon as she succeeds to the property. If the widow of C subsequently adopts a son who is a minor and who in consequence adopts a son who is a minor and who in consequence of the adoption becomes the heir of C, the adopted son cannot claim extension of
EFFECT OF DISABILITY ON LIMITATION PERIOD:
Statutes of limitations are designed to help the side of the defendants. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit.
Various events or circumstances will toll a statute of limitations. It is tolled when one of the parties is …show more content…
In the point of view of understanding the statement “once the time has begun to run, no subsequent disability or inability stops it” under Section 9, it only seems right to look into analyzing the others which help shed more light on the same. The joint effect of this and previous sections is that, if advantage is taken of two disabilities, they must \overlap each other in such a way as to leave no gap of normal period between them, that is to say, period which is free from all disabilities, because as soon as such an interval occurs, the time begins to run and subsequent inability or disability is powerless to stop its running. If it is either not a continuing disability from the beginning (when the cause of action arose), or if one ceases to be under a disability even for a day, time begins to run against him and subsequent disability of himself or after his death that of his legal representative, will not avail to save limitation. An example of the same would be, C, a Hindu minor, is under the guardianship of his own mother M. He is deprived of the possession of his family estate by a trespasser Y. All this while he is yet a minor and under the guardianship oh his own mother M. While he was still a minor, C dies and is succeeded to his estate by the mother M, the erstwhile (former) guardian. Here, time begins to run against the mother M as soon as she succeeds to the property. If the widow of C subsequently adopts a son who is a minor and who in consequence adopts a son who is a minor and who in consequence of the adoption becomes the heir of C, the adopted son cannot claim extension of