Special exceptions
Section 8 of the Limitation Act, 1963 deals with special exceptions. Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application. The Act came into force on 01 Jan 1964.
Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.
Section 8, 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.
This section refers to
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.
-
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 the period of limitation for any suit shall not extend for more than three years from the cessation of disability, creating a cap on the extended period available to minors
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 8
What have the courts held on Section 8 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 the period of limitation for any suit shall not extend for more than three years from the cessation of disability, creating a cap on the extended period available to minors.
How do I find court cases under Section 8 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 8, section 8 Limitation Act, section 8 of the Limitation Act. People searching for it also type limitation act s 8. 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 Utha Moidu Haji vs Kuningarath Kunhabdulla (30 Nov 2006).
What should I read with Section 8 of the Limitation Act, and has it changed?
Its own text turns on section 6 (Legal disability), section 7 (Disability of one of several persons), so none of them can safely be read on its own.
When did Section 8 of the Limitation Act come into force?
Section 8 of the Limitation Act, cited as Limitation Act 8, 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.