ES "जब एक बार मर्यादा का बलना प्रारंभ हो जाता है तो वाद चलाने के बाद अयोग्यता इसे रोकती नहीं।" इसे उदाहरण सहित समझाइए।

 Principle: "Once Limitation Time Has Begun to Run, No Subsequent Disability Stops It"

This legal principle is derived from Section 9 of the Limitation Act, 1963, which states:

"Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it."

In simpler terms, once the period of limitation for filing a suit or application starts, it does not pause or extend due to any later disability of the plaintiff. The limitation period continues to run uninterrupted, regardless of any subsequent incapacity, such as illness, death, or legal disability.

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Illustrations to Explain the Principle

1. Death of Plaintiff After the Limitation Period Starts

• Suppose a person has three years to file a suit for breach of contract, starting from 1st January 2020.
• If that person dies in 2022 (before filing the suit), their legal heirs cannot claim an extension.
• The limitation period will expire on 31st December 2022, irrespective of the death.

2. Plaintiff Becomes Mentally Incapacitated After Limitation Begins

• A person entitled to sue for property has 12 years from the date of dispossession (say, from 1st January 2010).
• If in 2015, the person suffers from mental illness, the limitation will not stop.
• The deadline remains 31st December 2021, despite the mental incapacity.

3. Imprisonment of Plaintiff After Limitation Starts

• A creditor has three years from the due date to sue a debtor for non-payment of a loan.
• If, during this period, the creditor is imprisoned, the limitation does not pause due to imprisonment.
• Once the time starts, it continues running until expiry.

4. Change in Law or Court Procedure Does Not Stop Limitation

• If a law changes or a court is temporarily closed after the limitation starts, the period does not stop.
• For example, if someone had six months to file an appeal starting from 1st July 2022, and courts shut down due to unforeseen circumstances in November 2022, the limitation period still expires as scheduled.

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Exceptions to the Rule (When Limitation Can Be Extended)

Although Section 9 enforces strict continuity of limitation, some exceptions exist under the Limitation Act, 1963:

1. Legal Disability at the Start (Section 6)

   • If the plaintiff was a minor, insane, or of unsound mind when the cause of action arose, the limitation begins only after the disability is removed.
   • Example: If a minor is entitled to sue at age 10, the limitation starts only when they turn 18.

2. Acknowledgment of Liability (Section 18)

   • If the defendant acknowledges the debt or liability in writing before the limitation expires, a fresh period of limitation starts from the date of acknowledgment.

3. Fraud or Concealment (Section 17)

   • If the defendant commits fraud or conceals material facts, the limitation period starts only when the fraud is discovered.

4. Force Majeure (COVID-19 Example)

   • The Supreme Court of India extended limitation periods during the COVID-19 lockdown (2020-21), recognizing that legal disabilities beyond one's control can affect filing deadlines.

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Conclusion

• General Rule: Once the limitation clock starts, it cannot be paused due to any subsequent disability (death, imprisonment, or illness).
• Exceptions: If disability existed at the start, if fraud occurred, or if acknowledgment was made, limitation can be extended.

This principle ensures certainty in litigation and prevents indefinite delays in filing lawsuits. 🚀