☀️📖Section-4 to 9 | The Limitation Act,1963 | Law | @LearnwithNISHMAN — Transcript

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1. 0:01Hello my dear fellows, let's start
2. 0:03today's session on the Limitation Act
3. 0:061963, and today we will cover Section
4. 0:094. We have already discussed three
5. 0:12sections, and this is a very important
6. 0:15topic. Although the Limitation Act is
7. 0:18small compared to other acts that we
8. 0:21have already covered. But its
9. 0:23importance is significant, and it's not
10. 0:27like it carries fewer marks or has very
11. 0:30few questions. It is a very scoring one
12. 0:33as well as an important one. You will
13. 0:36see many questions in judicial exams,
14. 0:39your interviews, PT exams, or if you
15. 0:41are taking any entrance exam, questions
16. 0:44from the Limitation Act always appear.
17. 0:48Okay? So, let's start with Section 4.
18. 0:51Section 4 talks about the expiry of the
19. 0:54prescribed period when the court is
20. 0:56closed. Okay? In Section 4, we will
21. 1:01talk about the prescribed period. In
22. 1:06which case? When the court is closed.
23. 1:10When courts are closed. So where the
24. 1:13prescribed period for any suit, appeal,
25. 1:16or application expires on a day when
26. 1:19the court is closed. Any such suit,
27. 1:23appeal, or application where the
28. 1:25prescribed period ends on a day when
29. 1:28the court is off. Right? The court
30. 1:31remains closed that day. Then the suit,
31. 1:34application, or appeal may be
32. 1:36instituted on the next day. Instead of
33. 1:39that day, it is counted as the next day
34. 1:42, and you can go to court and file your
35. 1:44application or suit when the court
36. 1:46reopens. Okay? So, what does this tell
37. 1:50you? Suppose your cause of action arose
38. 1:53on this date. And here, after this much
39. 1:56time, your prescribed period—I will
40. 1:58write it as PP. Your prescribed period
41. 2:00ends here in this much time. Okay? But
42. 2:03on the day your prescribed period is
43. 2:06ending, what is it? The applicant can
44. 2:10apply on the last day. They can apply
45. 2:13on this last day as well. Suppose they
46. 2:15decided not to apply in the intervening
47. 2:18days and said, "On the day the period
48. 2:20ends, by chance if it is March 31st,
49. 2:23then I will go and file my application
50. 2:26on March 31st." But what happens? After
51. 2:28waiting this long, on March 31st, they
52. 2:31find out it is a holiday. Or by chance,
53. 2:33the court is closed on the last day, so
54. 2:35what happens then? The plaintiff is
55. 2:37given a benefit. Because they had the
56. 2:39right to do it on the last day. But the
57. 2:41last day is closed. Now, they are not
58. 2:43at fault for this. So, they can file on
59. 2:46the day the court reopens. The day the
60. 2:50court reopens, on that day, they must
61. 2:53submit the application or suit. So that
62. 2:57day will be counted as the last day of
63. 2:59its prescribed period. Right? So you
64. 3:02need to note one thing, that from
65. 3:04sections 4 to 11 (we are doing 4 to 9
66. 3:07today, plus 10 and 11). Here, the
67. 3:10exception is that the prescribed period
68. 3:14does not extend; it remains exactly as
69. 3:17it already is. But here, the plaintiff
70. 3:21is given time to file the suit later if
71. 3:24there is any chance the court is closed
72. 3:26. Right? The point is that in sections
73. 3:304 to 11, nothing will increase your
74. 3:32prescribed period. But in the sections
75. 3:35we are going to discuss, 12 to 24, what
76. 3:38will happen? There will be cases where
77. 3:42some time is excluded from your
78. 3:44prescribed time, and that excluded
79. 3:47period is added to the prescribed
80. 3:49period. So what we learn is that in
81. 3:54sections 12 to 24, the time period is
82. 3:57added on. In 4 to 11, nothing is added
83. 4:01on. Right? Because there is no talk of
84. 4:03adding anything here. Here, your last
85. 4:04day ended right there. It’s just that
86. 4:06because it was closed, this day got
87. 4:07added. In general, they won't give you
88. 4:09extra time like that. Extra time is not
89. 4:12given. Right? Now come to the next one.
90. 4:16Next is section five. Section five
91. 4:19talks about this—that one was four.
92. 4:21Now it is five. Five applies only to
93. 4:28appeals and applications. Right?
94. 4:33Appeals and applications. What was this
95. 4:36one? It was for appeals, applications,
96. 4:41and suits. But here, it is just appeals
97. 4:45and applications. So what is it here?
98. 4:47So any appeal or any application may be
99. 4:51admitted after the prescribed period.
100. 4:54It may be admitted after the prescribed
101. 4:57period. If the appellant or applicant
102. 5:00satisfies the court that they have
103. 5:02sufficient cause. They have a
104. 5:05sufficient cause, a reasonable cause.
105. 5:08Because of which they were not
106. 5:10preferring the appeal or application
107. 5:12within that period. They were unable to
108. 5:14do so. Okay? But there is one thing to
109. 5:16understand. Look, let’s take this
110. 5:18same example. On this day, the cause of
111. 5:19action arose. Suppose their prescribed
112. 5:22period was ending here. This is
113. 5:24strictly the applicant's right. Whether
114. 5:26they sleep through the entire time
115. 5:28period or remain negligent the whole
116. 5:30time. But if he woke up on the last day
117. 5:33and filed the application or appeal on
118. 5:36that day. He has done exactly the right
119. 5:38thing. So, by chance, if he wanted to
120. 5:40do it on the last date of the
121. 5:41prescribed period. But due to some
122. 5:44reason, he could not do it. This time
123. 5:46period will not be counted for him. But
124. 5:48after some time, there has been a gap
125. 5:50here as well. Okay? Even after the gap
126. 5:52here, suppose it was March 31st. Now,
127. 5:54the action he has taken here, he
128. 5:57submitted the appeal on June 30th. So,
129. 6:00technically speaking, he is not allowed
130. 6:02because his prescribed period is over.
131. 6:06But if he satisfies the court that the
132. 6:08time period from March 31st to June
133. 6:1130th, this specific period, if he
134. 6:13justifies that he had a reasonable
135. 6:15cause and couldn't submit it for that
136. 6:18reason, and the court is satisfied with
137. 6:20that cause, then that application or
138. 6:23appeal will be allowed. Right? So, it
139. 6:26will start from the last day of the
140. 6:28prescribed period to the time he
141. 6:30actually submits the application. Thus,
142. 6:34even if the party is negligent in the
143. 6:36earlier days of the prescribed period,
144. 6:39he is not answerable for that; what he
145. 6:41has to explain to the court is the
146. 6:43reason for the delay starting from the
147. 6:46last day until the date when such
148. 6:48application or appeal is actually filed
149. 6:50. I hope you understood what I am
150. 6:53telling you. There has been a landmark
151. 6:57judgment, Collector Land Acquisition
152. 6:59Anantnag vs. Katiji. So, you should
153. 7:02look at that; it was a very important
154. 7:04judgment. You will understand this time
155. 7:06period in that. Right? So here, the
156. 7:08court should take a liberal approach.
157. 7:10It should keep a slightly liberal
158. 7:11approach and understand that the other
159. 7:13person also had some compulsion for not
160. 7:15being able to come on time. In such
161. 7:17matters, and shall not assume that the
162. 7:19party has deliberately delayed. The
163. 7:22court shall not be hyper-technical in
164. 7:24examining every day's or hour's delay.
165. 7:27You don't have to be so technical that
166. 7:29if they are filing an appeal or
167. 7:31application late, why were they so late
168. 7:33? What was the reason? Is it valid? And
169. 7:35then the court should liberally handle
170. 7:37that. Okay? Now let's discuss Section 6
171. 7:40, 7, 8. Section 6 talks about the
172. 7:44period of limitation in case of a
173. 7:47person under legal disability. Okay? In
174. 7:50Section 6, we will cover those who are
175. 7:52suffering from legal disability. How
176. 7:56the period of limitation works in their
177. 7:59case. Legal disability like children (
178. 8:02minors), okay, or a child in the womb,
179. 8:05insane person, idiot person, so what
180. 8:07happens here? Here, the disability must
181. 8:10exist prior to the prescribed period,
182. 8:13meaning it should not have occurred
183. 8:15after the prescribed period has already
184. 8:17begun. So such a person is entitled
185. 8:20after the cessation of disability.
186. 8:22Right? Suppose this was the cause of
187. 8:25action. This was the prescribed period.
188. 8:27And the person is suffering from a
189. 8:29legal disability. Suppose there is any
190. 8:31such disability that has occurred in
191. 8:33between or at any date before the
192. 8:34prescribed period. So what will happen
193. 8:37here? For that person, the prescribed
194. 8:39period will be ignored here. And the
195. 8:41day their disability ends, their time
196. 8:44will start from that very moment. But
197. 8:46as soon as they are cured, or become
198. 8:49capable, they will have to file their
199. 8:51appeal or application. Right? One more
200. 8:54thing here is that Section 6 does not
201. 8:56apply to appeals. So it will not apply
202. 8:59to appeals, only in applications and in
203. 9:01the case of suits. It will not apply to
204. 9:03appeals because an appeal can be filed
205. 9:05by someone else on their behalf. Right?
206. 9:07So such a person is entitled after the
207. 9:09cessation of disability or when the
208. 9:11disability disappears completely. Now,
209. 9:15Section 7 talks about the fact that it
210. 9:18is applicable where several persons are
211. 9:21jointly entitled to institute a suit.
212. 9:25This also does not apply to appeals,
213. 9:28only to suits. And what about in suits?
214. 9:30When there are several persons and
215. 9:33those several persons file a suit
216. 9:35together, or an application—it is
217. 9:37talking about suits and applications.
218. 9:40Okay? So, or makes an application for
219. 9:43the execution of a decree under a legal
220. 9:45disability. So, for the person with the
221. 9:49legal disability, the time period will
222. 9:51start when their legal disability
223. 9:54ceases or comes to an end. But if that
224. 9:57person's consent is not that necessary,
225. 9:59then the time period for everyone will
226. 10:01continue as it is already running for
227. 10:03all other persons. Right? So if you
228. 10:07have to file a suit jointly, suppose,
229. 10:09and in that, if a person is under a
230. 10:11legal disability, then that time period
231. 10:13will be counted from the moment that
232. 10:16person with the legal disability is
233. 10:18completely cured. Otherwise, if that
234. 10:21person's consent is not that important,
235. 10:24then the already prescribed period is
236. 10:26accepted. Now, let's come to Section 8.
237. 10:31Section 8 talks about the fact that it
238. 10:33is an exception to Sections 6 and 7,
239. 10:35which we discussed regarding legal
240. 10:37disability and the concepts related to
241. 10:39suits and applications. So, write that
242. 10:43it is an exception to sections 6 and 7.
243. 10:47How is it an exception? See, the period
244. 10:50of limitation cannot be extended beyond
245. 10:52three years from the date of cessation
246. 10:54of legal disability. Right? Suppose
247. 10:58there was a legal disability and the
248. 11:00person's legal disability ends right
249. 11:01here, let's say, on May 30th. On May
250. 11:0530th, the three years will be counted
251. 11:07from the days following May 30th. Right
252. 11:11! Like if it's 30th May 2021, then 30th
253. 11:15May 2022, 30th May 2023, and 30th May
254. 11:182024, consider the prescribed period
255. 11:21over on 30th May 2024; you simply
256. 11:23cannot extend it beyond that. And
257. 11:27that's your complete decision in the
258. 11:29case of legal disability. So it is only
259. 11:32three years beyond the cessation of
260. 11:35legal disability. Right? Then there is
261. 11:37Section 9 and the last section of
262. 11:39today's session. So, Section 9 talks
263. 11:42about when time has started to run. No
264. 11:45subsequent disability or ability can
265. 11:48stop it from instituting a suit or
266. 11:51making an appeal—sorry, an
267. 11:53application—this will apply here
268. 11:56except if there is a statutory
269. 11:58provision. Here, the main point Section
270. 12:019 is making is that the disability must
271. 12:04occur before the prescribed period ends
272. 12:06. By chance, if your prescribed period
273. 12:07has already ended. Assume the same case
274. 12:09on March 31st. Right? And you went to
275. 12:13appeal, or suppose you became insane on
276. 12:16the very first date. Right? Or any such
277. 12:19situation occurred that falls under
278. 12:21legal disability, it will not be
279. 12:23counted. Your legal disability must
280. 12:26occur before the prescribed period, not
281. 12:29after. Right? And again, Section 9 is
282. 12:33also not applicable to appeals. It is
283. 12:36only for suits and applications. So for
284. 12:39appeals, there is only Section 5, which
285. 12:41we saw today. I hope you understood
286. 12:43today's session. I have covered each
287. 12:45section for you very thoroughly. Next,
288. 12:48we are going to do two sections, 10 and
289. 12:5111, and with that, our second part of
290. 12:53the Limitation Act will be over. Then
291. 12:56we will move to 12 to 24. Until then,
292. 12:59have a happy day. Keep sharing, keep
293. 13:01watching. Thank you.