Extension of Prescribed Period of Limitation
Where a person is entitled to institute a suit or make application but suffers from legal disability he will be allowed a period of limitation as follows:
- Where a person is entitled to institute a suit or make an application for the execution of a decree is a minor or insane, or an idiot at the time from which the prescribed period of limitation is to be reckoned, he may institute such suit or make such application within the same period alter the disability. has ceased as he would have been otherwise entitled to if he was not suffering from the disability. "Minor" includes a child in the womb.
- If such person is suffering from two such disabilities, the prescribed period of limitation will be considered to begin after both disabilities have ceased.
- Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after death, as would otherwise have been al1owed from the lime so specified.
- Where the legal representative of the person who has died also suffers from disability, the period of limitation will begin after the disability has ceased.
- Where a person under disability dies after the disability ceases but within the period al1owed to him under sections of the Act, his legal representative may institute a suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
- Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree, is under any such disability, and a discharge can be given without the concurrence of such person, time will run against all of them. But where no such discharge can be given, time will not run against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
- These rules, as stated above, do not apply to suits to enforce rights of pre-emption.
- In the above rules, extension of time will not be given for more than three years from the cessation of the disability or the death of the person affected thereby.
- Where once time had begun to run, no subsequent disability or inability to institute a suit or make an application stops it. If letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues.