The Law of Limitation - Page 416

THE LAW OF LIMITATION 395

  1. Some points to be noted with regard to this question of disability.

(i) The Section applies only to suits and to applications for the execution of a decree, but not to any other applications, nor to appeals.

(ii) The Section applies only to a person who was already under a disability when the right to sue accrued. If the disability supervenes subsequently than the Section does not apply.

(iii) The Section applies only where the Plaintiff or the person entitled to sue is under a disability. The disability of the Defendant — person liable to be sued—does not matter at all.

Time will begin to run against the Plaintiff even if the Defendant is suffering from a disability.

First Fundamental Rule is that limitation starts in the case of person who is not suffering from a disability, from the date of the occurrence of the event mentioned in Column 3 and if no event is mentioned in Column 3 then from the date when the cause of action is said to arise.

Fundamental Rule II

  1. When once time has begun to run, no subsequent disability or inability to sue stops it.

  2. This means that Limitation, once it starts is never suspended. If a person becomes insane or dies after the right to sue has accrued,time will continue to run against them.

II. I S THERE ONLY ONE STARTING - POINT OF L IMITATION ? OR C AN THERE BE A FRESH STARTING POINT OF L IMITATION .

  1. Distinction must be made between the occurence of a fresh cause of action and the occurence of a fresh staring point if limitation in respect of the same cause of action. We are here considering cases where there occurs a fresh starting point of limitation in respect of the same cause of action.

  2. The general rule of the Law of Limitation is that for a right to sue there is only one starting point of limitation and that starting point dates from the day when the right to sue accrues.

  3. There are three cases where there is a fresh starting point of limitation in respect of the same cause of action :

(i) Case where there is an acknowledgment.

(ii) Cases where there is a pan payment.

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