Legal disability
Section 6 of the Limitation Act, 1963 deals with legal disability. Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has cease The Act came into force on 01 Jan 1964.
(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified.
(3) 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 the death, as would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the 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.
Explanation.For the purposes of this section, "minor" includes a child in the womb.
Section 6, The Limitation Act, 1963 (Act 36 of 1963).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 5
- BENGAL PUBLIC DEMANDS RECOVERY ACT, 1913 Bengal Act 3 of 1913 as amended in its application to Arunachal Pradesh s. 56 Application of the Indian Limitation Act, 1908
- Haryana Town Improvement Act, 2008 (36 of 2008) s. 63
- s. 8 Special exceptions
- Punjab Town Improvement Act 1922 s. 54 Reference of disputes to tribunal
- Telangana Panchayat Raj Act s. 122
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Utha Moidu Haji vs Kuningarath Kunhabdulla
Court's Decision & Legal Precedent
A suit filed by a person to set aside a property transfer made on his behalf when he was a minor must be filed within three years of attaining majority or within twelve years from the date of the deed, whichever is earlier. The concept of co-ownership cannot be invoked to circumvent the application of limitation provisions. When a person enters into possession of land under a void or voidable transaction, his possession becomes adverse from the date he comes into possession, and the provisions of the Limitation Act apply to such suits. A contention regarding adverse possession and co-ownership cannot be raised for the first time before the appellate court if it was not an issue in the trial court.
On this section: Provides that a person who is a minor at the time from which the prescribed period is to be reckoned may institute a suit within the same period after the disability has ceased as would otherwise have been allowed
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Sagufa Ahmed vs Upper Assam Plywood Products Pvt. LTD
Court's Decision & Legal Precedent
The period of limitation prescribed under Section 421(3) of the Companies Act, 2013 for filing an appeal to the NCLAT starts from the date on which a copy of the NCLT order is made available to the person aggrieved. The Supreme Court's order dated 23.03.2020 extending the period of limitation due to COVID-19 applies only to the 'prescribed period' (the period of limitation) and not to the discretionary period for condonation of delay provided in the proviso to Section 421(3). The discretionary period for condonation of delay is limited to 45 days and cannot be extended by the COVID-19 extension order. The law of limitation is based on the principle of vigilance, and litigants who fail to file proceedings within the prescribed period and the discretionary condonation period cannot claim the benefit of the COVID-19 extension order.
On this section: Uses the expression 'prescribed period' in relation to proceedings by persons under legal disability
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 6
What have the courts held on Section 6 of the Limitation Act?
Utha Moidu Haji vs Kuningarath Kunhabdulla (30 Nov 2006) is the leading judgment on this section among those set out below: Provides that a person who is a minor at the time from which the prescribed period is to be reckoned may institute a suit within the same period after the disability has ceased as would otherwise have been allowed. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2006 to 2020.
How do I find court cases under Section 6 of the Limitation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Limitation Act 6, section 6 Limitation Act, section 6 of the Limitation Act. People searching for it also type limitation act 6 years. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Utha Moidu Haji vs Kuningarath Kunhabdulla (30 Nov 2006).
What should I read with Section 6 of the Limitation Act, and has it changed?
5 other provisions in this corpus refer back to it.
When did Section 6 of the Limitation Act come into force?
Section 6 of the Limitation Act, cited as Limitation Act 6, came into force on 01 Jan 1964, having been enacted on 05 Oct 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908557 words
- 17. Effect of fraud or mistake401 words
- 2. Definitions363 words
- 15. Exclusion of time in certain other cases347 words
- 14. Exclusion of time of proceeding bona fide in court without jurisdiction312 words
- 18. Effect of acknowledgment in writing245 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.