What is legal disability and what are the effects of legal disability under Limitation Act 1908 in Pakistan deal with?

Section 6 of Limitation Act 1908 deals with the, legal disability in which the person is legally prohibited from taking legal action due to being a minor, unsound mind or insane person. It states that if a person entitled to file a suit or make an application is under a legal disability at the time when the cause of action accrues, the limitation period does not start running until the disability is removed.

 It further states that;

If a person is affected by a disability of being minor or insane or an idiot, the limitation period shall start when the person disability shall be ceased and;

If a person is affected by two such disabilities, where before the one has ceased, he is affected by another disability; the person may institute suit or make application after both disabilities shall be ceased and;

In the case where the disability continues till death of such person, in this case his representative may file suit or make the application in the same period after the death and if the person’s representative is also affected by any disability, such representative may file suit after his disability shall be ceased.

When one or more of the plaintiffs or defendants are under legal disability, section 7 allows for the suspension of the limitation period for the entire group until the disability is removed for all concerned parties. 

                     This FAQ is prepared by Sadia Saman Advocate