Section 9 – Continuous Running of Time

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

Section 9 – Continuous Running of Time-

Tanmoy Mukherji

Advocate

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

1. Concept and Legal Principle-

Section 9 lays down the general rule of limitation that limitation once commenced continues to run without interruption. Any event occurring after the starting point of limitation—such as disability, incapacity, or inability—does not suspend, extend, or arrest the limitation period.

This section gives effect to the maxim:

“Vigilantibus non dormientibus jura subveniunt”

(The law assists those who are vigilant, not those who sleep over their rights.)

2. Ingredients of Section 9-

For Section 9 to apply, the following conditions must exist:

3. Meaning of Key Expressions-

(a) “Once time has begun to run”-

Time begins to run when the cause of action first accrues or when the statutory starting point under the Schedule of the Act is reached.

(b) “Subsequent disability”-

Disability arising after limitation has started.

Important: Disability existing at the time limitation begins is governed by Section 6, not Section 9.

(c) “Inability to sue”-

Circumstances where filing a suit becomes difficult or impossible.

These do not stop limitation under Section 9.

4. Disabilities Covered-

 

All such disabilities are ignored once limitation has started.

5. Exceptions to Section 9-

Section 9 is subject to express statutory exceptions, mainly:

(i) Section 6 – Legal Disability at Commencement-

at the time limitation begins, limitation is postponed.

(ii) Section 7 – Disability of One of Several Persons-

Where one of several joint persons is under disability.

(iii) Section 8 – Maximum Extension-

Extension due to disability cannot exceed three years after disability ceases.

(iv) Section 10 – Trust Property-

No limitation applies to suits against trustees for trust property.

(v) Section 18 – Acknowledgement in Writing-

A fresh limitation period starts from the date of acknowledgment.

(vi) Section 19 – Part-payment-

Limitation is refreshed on part-payment of debt.

6. Illustrations-

Illustration 1-

→A gets a right to sue on 1 January 2020.

→Limitation starts from that date.

→On 1 January 2021, A becomes insane.

→Limitation continues to run under Section 9.

Illustration 2-

→A becomes minor on 1 June 2020, after limitation has already started.

→Minority will not stop limitation.

Illustration 3-

→A was already a minor when the right to sue accrued.

→Section 9 does not apply.

→Section 6 applies.

7. Important Case Laws-

8. Object and Rationale-