392 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Cause of action arises when a wrong is done to a party. Every wrong does not necessarily give rise to a cause of action. The wrong must under the circumstances be real and necessitate taking of action.
(iii) The effect of death on the starting point of Limitation.
When does limitation commence in the case of a person who dies before the right to sue accrues to him ?
When does limitation commence in the case of a person who dies before another person gets a right to sue him ?
I. When a person dies before the right to sue accrues to him the period of limitation will commence when there is a legal representative of the deceased capable of instituting such a suit.
II. When a person against whom a right to sue would have accrued dies before such accrual, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom a suit could be brought.
Exception to the fundamental Rule—Limitation runs from the moment the right to sue accrues
I. Cases where Limitation commences before the right to sue accrues.
(i) Money payable on demand and money payable on a Bill or a Pronote made on demand.
In these cases unless there is a demand to pay and there is a consequent refusal to pay there is no right to sue. The right to sue arises on the date of the refusal to pay. But time begins to run not from the date of the refusal but from the date of the loan or the date of the Bill or note, i.e., before right to sue has accrued. 57—58—59—67—73
(ii) Redemption of a Pledge—suits on—
The pawnee’s right to sue to recover the pledge accrues on the date on which the debt in respect of goods pledged is paid off by him. But time begins to run not from the date of payment but from the date of the pledge, i.e., before the right to sue has accrued—145.