Vol. 12 · pages 411–415

390 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (unless expressly made inapplicable) and the remaining provisions of the Act shall not apply (unless expressly made applicable by the Special Law). The Scheme of the Law of Limitation 1. The Indian Limitation Act consists of 29 Sections and one Schedule. 2. The Schedule is divided into three Divisions : First Division—deals with Suits. Second Division—deals with Appeals. Third Division—deals with Applications. 3. The Schedule in respect of each of its Divisions is cut up into 3 Columns. Column 1—Describes the nature of the claim for which suit is brought or of the appeal or if application is made. Provision is made for 154 different classes of suits. Provision is made for 9 different classes of appeals. Provision is made for 26 different classes of applications. Each of these provisions is numbered seriatum and is called article no. so and so. There are in all 189 articles in the Schedule though the last article is 183, that is, because some articles have the same number and are distinguished by the addition of A to the same number. Column 2.—Specifies the period within which the suit must be filed, appeal or application must be made. Column 3.—Specifies the starting-point of the period of limitation within which suit must be filed or appeal or application must be made. 4. The Sections of the Act in so far as they deal with the Law of Limitation as distinguished from the law of prescription deal with various questions arising out of the three columns of the Schedule. The Schedule, therefore, is the most important part of the Law of Limitation.

391THE LAW OF LIMITATION IV. LAW OF LIMITATION Questions arising out of Column 3 Subject-matter of Column 3 1. Column 3 deals with the starting point of Limitation. Two Questions arise— (1) When does time begin to run ? What is the starting point of Limitation ? (2) Is there only one starting point of Limitation? Or Can there be a fresh starting point of Limitation ? I. When does time begin to run ? What is the starting-point of Limitation. 1. The answer to the question as to when time begins to run is this. Time in respect of the institution of a suit, appeal or application begins to run from the occurence of the event mentioned in Column 3. In most cases the event is the incident. But in some cases it is the knowledge of the incident to the Plaintiff—90-92. Whether it is the incident or the knowledge of the incident, in any case the occurence of the event in Column 3 marks the starting point of limitation. Two questions with respect to right to sue and cause of action. (1) Must a Plaintiff sue when there is a cause of action ? 2. Confining to suits it may be said that time begins to run when the right to sue arises—Article 120. This is the first fundamental Rule. When does the right to sue arise ? It arises— (i) When the event mentioned in column 3 occurs if the suit falls under any of the articles. (ii) When the suit does not fall under any specific article but falls under the general article (120) then right to sue accrues when the cause of action arises or in certain cases knowledge that cause of action has arisen comes to the Plaintiff, so that time begins to run from the occurence of the cause of action or from the date of the knowledge of the cause of action.

392 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Cause of action arises when a wrong is done to a party. Every wrong does not necessarily give rise to a cause of action. The wrong must under the circumstances be real and necessitate taking of action. (iii) The effect of death on the starting point of Limitation. 1. When does limitation commence in the case of a person who dies before the right to sue accrues to him ? 2. When does limitation commence in the case of a person who dies before another person gets a right to sue him ? I. When a person dies before the right to sue accrues to him the period of limitation will commence when there is a legal representative of the deceased capable of instituting such a suit. II. When a person against whom a right to sue would have accrued dies before such accrual, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom a suit could be brought. Exception to the fundamental Rule—Limitation runs from the moment the right to sue accrues I. Cases where Limitation commences before the right to sue accrues. (i) Money payable on demand and money payable on a Bill or a Pronote made on demand. In these cases unless there is a demand to pay and there is a consequent refusal to pay there is no right to sue. The right to sue arises on the date of the refusal to pay. But time begins to run not from the date of the refusal but from the date of the loan or the date of the Bill or note, i.e., before right to sue has accrued. 57—58—59—67—73 (ii) Redemption of a Pledge—suits on— The pawnee’s right to sue to recover the pledge accrues on the date on which the debt in respect of goods pledged is paid off by him. But time begins to run not from the date of payment but from the date of the pledge, i.e., before the right to sue has accrued—145.

393THE LAW OF LIMITATION § Cases where Limitation does not commence even the right to sue has accrued—Sections 6, 7, 8 1. These are cases where a person to whom a right to sue has accrued is suffering from a disability the date on which the right to sue accrued. 2. According to this exception time will not run against a person who is suffering from a disability although the right to sue has accrued to him. 3. Only three kinds of disabilities are recognized— (i) minority, (2) lunacy, (3) idiocy, 4. In the case of a person suffering from a disability, time commences when the disability ceases. 5. Where these disabilities are concurrent or succession in their operation, limitation commences when all such disabilities have ceased. 7. Where the disability continues upto the death of the person then time will commence against his legal representative from the date of his death. 8. If the legal representative is under a disability at the death of the person then time will commence when the disability of the legal representative comes to an end. 9. What is the effect of a disability of persons who are jointly entitled to sue upon the starting point of limitation. Two cases must be distinguished : (i) Where only some of them are under a disability, (ii) Where all of them are under a disability. I. Where only some of them are under a disability : (i) Where full discharge or release can be given to the Defendant by the party not under disability without the concurrence of the person under a disability time will commence to run against all of them from the time the right to sue accrues. (ii) Where no such discharge can be given, time will not run against any of them until the disability ceases or until the person under disability loses his interest in the subject-matter.

394 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES II. Cases where all persons who are entitled to sue are under a disability : (i) Where all are under a disability, rules laid down in Section 6 will apply. (ii) Where one of them ceases to suffer from the disability, Section 7 will apply and the governing question will be whether the person who is free from his disability give a valid discharge without the concurrence of those who continue to suffer from their disability. If the answer is in the affirmative, time will commence to run against all from the moment the disability of such a person has ceased to operate. If the answer is in the negative then time will not run against any of them until all of them cease to suffer from their disabilities. 9. Within what time from the date of the Cessation of the disability, a suit must be brought by the person who was under a disability when the right to sue accrued to him ? 1. There are three answers to this question. (i) Within the prescribed period to be counted from the date of the accrual of the right to sue, it the period left over after the cessation of the disability is more than three years. Illus. Prescribed period—12 years from 1920 to 1932. Years of disability—4 years i.e. 1924 to 1936. Period left over—9 years. Suit must be brought before 1932. Suit must be brought within 9 years, i.e., within 12 years from the accrual of the right to sue i.e. within the prescribed period. He gets no benefit at all. Even his time is counted from the date of the accrual of right to sue. (ii) Within the prescribed period to be counted from the cessation of the disability, if the period prescribed is less than three years. He gets no benefit from his disability ; only his time begins to run from the date of the cessation of the disability. Illus. Prescribed period 1 year from 1920 to 1921. Years of disability—4 years. S. P. 1924 Bar 1925. Suit must be brought in 1925. (iii) Within three years from the date of the cessation of the disability, if the period left over after the cessation of the disability is less than three years and the period prescribed is more than three years. Prescribed period—6 years from 1920 to 1926. Years of disability—4 years from 1924—Bar 1930. Period left over after cessation is—2 years. Suit must be brought in 1928 within three years from cessation of disability.