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1965 DIGILAW 77 (KER)

Sreedevi Antharjanam v. Govindan Namboodiri

1965-03-20

P.T.RAMAN NAYAR

body1965
Judgment :- 1. No error of law. The "such disability" of S.7 of the Limitation Act is obviously the disability referred to in S.6, namely, disability at the time from which limitation is to be reckoned, and, when such disability does not exist (the persons suing not being persons entitled to sue at the time in question but only the heirs of the person so entitled) S.7 does not come into play at all. It would be an absurd position if a suit by a sole heir who was a minor is to be barred, the benefit of S.6 not being available, but that by two heirs one of whom was a minor but the other a major is not, by reason of S.7 being applicable. Appeal dismissed. Dismissed.