According to section 9 of the Act where once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop it, provided that where letters of the administration to the estate of a creditor or have been granted to his debtor, the running of the period of limitation for a suit to recover debt shall be suspended while the administration continues.
The applicability of this section is limited to suits and applications only and does not apply to appeals unless the case fell within any of the exceptions provided in the Act itself.
There are various applicability of this rule:-
- It applies to cases where the cause of action continues, when that is varied, a fresh period of limitation will begin from the date of variation.
- It only applies to suits and applications, and to appeals, which are generally allowed unless expressly under some other section.
- Cases of property being vested in trusts and in legal representatives will be included only in the instance of the property being vested for a specific purpose.
No comments:
Post a Comment