394 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
II. Cases where all persons who are entitled to sue are under a disability :
(i) Where all are under a disability, rules laid down in Section
6 will apply.
(ii) Where one of them ceases to suffer from the disability, Section 7 will apply and the governing question will be whether the person who is free from his disability give a valid discharge without the concurrence of those who continue to suffer from their disability. If the answer is in the affirmative, time will commence to run against all from the moment the disability of such a person has ceased to operate. If the answer is in the negative then time will not run against any of them until all of them cease to suffer from their disabilities.
Within what time from the date of the Cessation of the disability, a suit must be brought by the person who was under a disability when the right to sue accrued to him ?
There are three answers to this question.
(i) Within the prescribed period to be counted from the date of the accrual of the right to sue, it the period left over after the cessation of the disability is more than three years.
Illus. Prescribed period—12 years from 1920 to 1932.
Years of disability—4 years i.e. 1924 to 1936.
Period left over—9 years. Suit must be brought before 1932.
Suit must be brought within 9 years, i.e., within 12 years from the accrual of the right to sue i.e. within the prescribed period. He gets no benefit at all. Even his time is counted from the date of the accrual of right to sue.
(ii) Within the prescribed period to be counted from the cessation of the disability, if the period prescribed is less than three years.
He gets no benefit from his disability ; only his time begins to run from the date of the cessation of the disability.
Illus. Prescribed period 1 year from 1920 to 1921.
Years of disability—4 years. S. P. 1924 Bar 1925. Suit must be brought in 1925.
(iii) Within three years from the date of the cessation of the disability, if the period left over after the cessation of the disability is less than three years and the period prescribed is more than three years.
Prescribed period—6 years from 1920 to 1926.
Years of disability—4 years from 1924—Bar 1930.
Period left over after cessation is—2 years.
Suit must be brought in 1928 within three years from cessation of disability.