Disability of one of several persons
Section 7 of the Limitation Act, 1963 deals with disability of one of several persons. 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 them all; The Act came into force on 01 Jan 1964.
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 them all; but, where no such discharge can be given, time will not run as 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.
Explanation I.—This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.
Explanation II.—For the purposes of this section, the Manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.
Section 7, 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 1
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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Narayan vs Babasaheb
Court's Decision & Legal Precedent
A suit filed by a former minor to set aside an alienation of immovable property made by their guardian in contravention of Section 8(1) and 8(2) of the Hindu Minority and Guardianship Act, 1956 is governed by Article 60 of the Limitation Act, 1963, which prescribes a limitation period of three years from the date of attaining majority. Article 109 applies only to alienations by fathers governed by Mitakshara law and does not extend to alienations by mothers as natural guardians. When multiple plaintiffs of different ages jointly challenge a guardian's alienation, the limitation period is reckoned from when the youngest plaintiff attains majority if discharge cannot be given without their concurrence.
On this section: Addresses disability of one of several persons jointly entitled to institute a suit. The Court applied this to determine that when multiple plaintiffs of different ages challenge a guardian's alienation, the limitation period runs from when the youngest plaintiff attains majority if discharge cannot be given without their concurrence.
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 7
What have the courts held on Section 7 of the Limitation Act?
Narayan vs Babasaheb (05 Apr 2016) is the leading judgment on this section among those set out below: Addresses disability of one of several persons jointly entitled to institute a suit. The Court applied this to determine that when multiple plaintiffs of different ages challenge a guardian's alienation, the limitation period runs from when the youngest plaintiff attains majority if discharge cannot be given without their concurrence.
How do I find court cases under Section 7 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 7, section 7 Limitation Act, section 7 of the Limitation Act. People searching for it also type limitation act 7 years. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Narayan vs Babasaheb (05 Apr 2016).
What should I read with Section 7 of the Limitation Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 7 of the Limitation Act come into force?
Section 7 of the Limitation Act, cited as Limitation Act 7, 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
- 6. Legal disability283 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 14 Oct 2026. This page is not a substitute for legal advice.