Modes of Service of Summons under CPC 1908

 

Modes of Service of Summons under CPC, 1908

Introduction-

In every civil case, the first and most important step is to inform the other party that a case has been filed against them. This is done through a summon.

A summon is an official order of the court asking a person — usually a defendant — to appear before the court and respond to a legal claim.

Under Order 5 of the Civil Procedure Code (CPC), 1908, the law explains how summons are to be issued and served. The purpose is simple — to make sure that every person gets a fair chance to present their side before any decision is made. This is part of the basic rule of natural justice.

Meaning of Summons

A summon is a notice sent by the court to a person involved in a case, asking them to appear at a specific date, time, and place. It can be issued to a party, witness, or defendant.

Usually, the summon is issued to the defendant after the plaintiff files a suit. The defendant must file a written statement within 30 days of receiving the summon. The court can extend this time to 90 days in special cases under Order 5, Rule 1.

In the case Lakshmi Bai v. Keshari Mal Jain (1995 M.P.L.J. 105), the court held that a copy of the plaint must be attached with the summon. Without it, the service is not valid.

Requirements of a Valid Summon:-

For a summon to be valid and effective, it must meet the following conditions:-

1. It must be signed by the presiding officer or an authorized officer.

2. It must carry the seal of the court.

3. A copy of the plaint must be attached.

4. The date, time, and place for appearance must be clearly mentioned.

5. The purpose of the summon must be stated.

6. If documents are required, their details must be included.

Different Modes of Service of Summons:-

Order 5, Rules 12 to 30 of the CPC, describe various methods of serving summons. The court can use one or more of these modes depending on the situation.

1. Personal Service (Order 5, Rules 12 & 16)

This is the most common and preferred method. The summon is delivered personally to the defendant, and their signature is taken on another copy to confirm receipt.

If the defendant is not present, the summon can be given to an authorized agent or an adult family member living with the defendant (Order 5, Rule 15).

Important Case:

R.K. Sharma v. Ashok Nagar Welfare Association (A.I.R. 2001 Delhi 272) —

The Delhi High Court stated that service must be done personally for each defendant. The process server must record how and when the summon was served. Substituted service can be used only if personal service fails.

Personal service ensures that the defendant receives direct notice and cannot later claim ignorance.

2. Service by Affixing the Summons (Order 5, Rule 17)

If personal service is not possible after several attempts, the summon may be affixed on the outer door or visible part of the defendant’s house or workplace.

The officer serving the summon must prepare a report explaining why this method was used and must mention witnesses who identified the house.

Important Cases:

Meera Rani De v. Goswami (A.I.R. 1977 Calcutta 372):

When the husband refused the summon and the wife was inside the house, the officer affixed it on the door. The court held it as a valid service.

P.S. Narayan Reddy v. M.R. Reddy (A.I.R. 2005 A.P. 239):

The court held that affixing should be done only when several genuine attempts to find the defendant have failed.

3. Substituted Service (Order 5, Rule 20)

If the defendant is avoiding service or cannot be found, the court may allow substituted service. This is done through one or more of the following ways:-

I) Affixing a copy of the summon in a visible place in the court building.

ii) Affixing at the residence or business place of the defendant.

iii) Publishing the summon in a widely circulated newspaper in the area where the defendant lives.

This type of service is considered as valid as personal service.

Important Cases:

Mrs. Rampyari Devi v. Additional District Judge, Azamgarh (A.I.R. 1989 Allahabad 93):

Publication in a newspaper was held to be valid service.

Mrs. R. Smitha v. R. Umashankar (A.I.R. 2016 N.O.C. 331 Karnataka):

The defendant’s claim that he did not read the newspaper was rejected. The court said newspaper publication was adequate.

Auto Car v. Trimurti Cargo Movers Pvt. Ltd. (A.I.R. 2018 . 1965):

The Supreme Court held that publication must mention complete details like date and time for appearance; otherwise, it is invalid.

4. Service by Post (Order 5, Rule 9)

The court may direct service of summons through registered post, speed post, courier service, fax, or email.

When a summon is sent by registered post and the defendant or their agent signs the acknowledgment, it is treated as valid service. If the defendant refuses to accept the post, it is still considered a valid service.

Case Reference:

Sameer Snigdha Chandra v. Pranaya Bhushan Chandra (A.I.R. 1989 Orissa 185):

Refusal to accept a registered letter containing a summon amounts to valid service.

This method is fast and reliable, especially with modern electronic communication.

5. Service Where Defendant Lives in Another Court’s Jurisdiction (Order 5, Rule 21)

If the defendant lives in a different city or within another court’s area, the summon can be served through:

🔸Registered or speed post

🔸Courier

🔸Fax

🔸Email

Case Law:

M/s A.A.R.K. Traders v. M/s Satish Electronics (A.I.R. 2009 N.O.C. 341 Himachal Pradesh):

The court said that for defendants outside local jurisdiction, service by speed post, courier, fax, or email is better than ordinary registered post.

6. Service on Defendant in Prison (Order 5, Rule 24)

✔️If the defendant is in jail, the summon is sent to the officer in charge of the prison. The officer then serves it to the defendant and reports back to the court.

✔️This ensures that being in prison does not stop a person from receiving court notice.

7. Service Outside India (Order 5, Rule 25)

When the defendant resides outside India and has no agent in the country, the summon is sent directly through:-

🔸Post

🔸Courier

🔸Fax

🔸Email

✔️If the defendant lives in Bangladesh or Pakistan, the summon is sent to a court in that country for delivery.

✔️This rule helps Indian courts communicate with people living abroad in civil matters.

8. Service through Political Agent or Foreign Court (Order 5, Rule 26)

🔸When a defendant lives in a foreign country under a political agent or foreign court’s jurisdiction, the summon is sent through such authorities.

🔸This ensures that summons are properly served even in countries where India has diplomatic relations or legal agreements.

9. Service on Public Officers and Government Employees (Order 5, Rule 27)

🔸If the defendant is a public officer, railway employee, or local authority worker, the summon is sent to the head of the office where they work. The head then arranges for proper delivery.

🔸Similarly, if the defendant is a soldier, sailor, or airman, the summon is sent to the Commanding Officer of their unit (Order 5, Rule 28). The Commanding Officer is responsible for serving the summon on them.

10. Service on Firms and Corporations

🔸Summons can also be served on business entities such as partnership firms or companies. This can be done by:

🔸Delivering it personally to a partner, director, or manager, or

🔸Sending it to the principal office by post, or

🔸Affixing it at the business premises if other methods fail.

Importance of Proper Service of Summons:-

✔️The service of summons is not just a formality — it ensures fair trial and justice. Every person must know when and why they are being called to court. If the summon is not served correctly, the entire proceeding can be challenged.

✔️Proper service also prevents unnecessary delay in court cases and helps in maintaining trust in the judicial system.

Judicial View on Service of Summons:-

👉Indian courts have emphasized that service of summons must be genuine, timely, and complete. Fake or improper service can lead to setting aside decrees and reopening of cases.

👉Courts have also encouraged using modern means like email and fax to make the process faster and more transparent.

🖥️Digital Transformation in Service of Summons

👉With the advancement of technology, the Indian judiciary is moving toward electronic service (e-service) of summons. Many courts now use:-

🔸Email communication

🔸WhatsApp or SMS notifications

🔸Online acknowledgment tracking

This not only saves time but also reduces manipulation or delay by parties trying to avoid summons.

Conclusion:--

✔️The service of summons is the foundation of every civil proceeding. Without it, justice cannot move forward. Order 5 of the CPC, 1908, provides detailed procedures to ensure that every defendant is informed properly and fairly.

✔️Whether by personal service, post, affixing, substituted method, or digital means, the goal remains the same — to give every person a fair opportunity to be heard.

✔️Proper service upholds the principle of natural justice — “no one should be condemned unheard.”

✔️As the courts continue adopting technology, the process of serving summons becomes faster, more transparent, and more reliable. A well-executed service of summons ensures that justice is not only done but is seen to be done.

Code of Civil Procedure 1908: Origin, Development, Objectives & Key Features of CPC

Code of Civil Procedure, 1908: Origin, Development, Objectives & Key Features

The Code of Civil Procedure, 1908 (CPC) is one of the most crucial procedural laws in the Indian legal system. It provides a structured and uniform process for the adjudication of civil disputes and facilitates the enforcement of substantive rights. Understanding the origin, development, and essential characteristics of civil procedure code is vital for anyone interested in Indian law, especially law students, aspirants preparing for judiciary or UPSC, and legal professionals.

(In this blog, we will study about the historical background, purpose, major amendments, and key features of the CPC — while also comparing it with substantive laws and outlining how it has evolved over time to ensure justice is delivered efficiently)

📜 What Is the Code of Civil Procedure?

The Code of Civil Procedure, 1908 is a comprehensive legislative framework that lays down the procedure to be followed in civil courts. It does not deal with substantive rights (like ownership, rights in property, etc.), but rather with the process by which such rights can be enforced or contested in courts.

According to legal scholars like Salmond and Halsbury, substantive law defines rights and duties (e.g., Contract Law, Transfer of Property Act), while procedural law — like the CPC — provides the mechanism for enforcing those rights.

In simple terms, while substantive laws tell you what your rights are, procedural laws like the CPC tell you how to enforce those rights.

📚 Origin and Historical Background

The CPC has a long legislative history:

✔️Before 1859, the procedural laws in India were unorganized and chaotic. Each region, especially Bengal, used different sets of rules.

✔️The need for uniformity and simplicity prompted the Second Law Commission (under Sir Charles Wood) to draft a common code.

✔️As a result, the first Code of Civil Procedure was enacted in 1859.

✔️However, it applied only to mofussil (non-presidency) towns and excluded Presidency Towns and Supreme Courts.

✔️Several flaws were noticed, prompting revisions in 1877 and again in 1882.

👉Finally, in 1908, the present CPC was enacted, consolidating earlier codes into a more refined and structured format. It has since undergone numerous amendments — especially in 1976, when major changes were introduced based on recommendations by the Law Commission (27th, 40th, 45th, 55th reports).

🎯 Objectives of the CPC

The main objectives of the Code are:

1. Ensure natural justice – Fair hearing to all parties.

2. Avoid unnecessary delays – Justice delayed is justice denied.

3. Simplify complex procedures – So that even the poorest of the poor can seek justice.

4. Provide a uniform system of civil procedure across all civil courts in India.

✒️ As per the Preamble:

🖍️“The Code is designed to consolidate and amend the laws relating to the procedure of the courts of civil judicature.”

🖍️This implies that the CPC aims to promote justice, not to create punishments or penalties. It regulates how a civil case proceeds — from filing a suit, to hearings, to judgment, and finally to the execution of a decree.

⚖️ Types of Laws: Substantive vs. Procedural Law

📌 Case Law: Ghanshyam Das v. Dominion of India (AIR 1984 SC 1004)

> “The CPC is an adjective law. It neither creates nor takes away any right, but regulates the procedure to be followed by civil courts.”

🧱 Development and Amendments of the Civil Procedure Code (CPC)

Key milestones in the evolution of the CPC include:

🔹 CPC of 1859

First attempt to create a uniform civil procedure.

Criticized for being ill-arranged and incomplete.

🔹 CPC of 1877 & 1882

Introduced systematic structure and borrowed elements from English and New York Civil Codes.

🔹 CPC of 1908

Became the foundation of Indian civil procedure.

Substantially revised in 1976 based on Law Commission Reports.

Since then, the code has been amended multiple times to reflect modern needs.

✅ Key Features of the Civil Procedure Code

Some notable features and provisions of the CPC (including post-1976 amendments) are:

1. Doctrine of Res Judicata

Prevents the same matter from being tried again.

Extended to execution proceedings and independent cases.

2. Transfer of Cases

Power to transfer cases from one High Court to another is now with the Supreme Court (earlier with State Governments).

3. Interest in Commercial Transactions

Courts can impose interest based on agreement or bank rates.

4. Salary Protection

Now applies to all salaried employees — not just government or railway employees.

5. Section 80 Amendment

Suits against the government no longer require prior notice in urgent matters.

6. Appeals

🔸Appeals in Small Cause Court cases barred if:

Value < ₹3000

🔸No question of law involved

🔸Second Appeal allowed only if there's a substantial question of law.

🔸No further appeal lies against a single judge's decision in second appeal.

7. Arrest and Detention

Legislators get a 40-day protection (previously 14 days).

8. Delay Reduction

Strict provisions on filing written statements and documents.

9. Order 16A

Deals with summoning prisoners to court for giving evidence.

10. Order 32A

Special procedures for family law matters (e.g., divorce, child custody).

11. Commission for Research

Commissions may be issued for:

🔸Scientific investigations

🔸Clerical work

🔸Sale of movable property

12. Adjournments

Cannot be granted solely because a lawyer is busy in another court.

13. Provisions for Poor Litigants

Although not exhaustive, certain concessions and aids are made available.

📖 Structure of the Civil Procedure Code (CPC)

The Code consists of two parts:

1. Sections (1 to 158) – These lay down the substantive framework of the Code.

2. First Schedule (Orders & Rules) – These contain detailed procedural rules.

Together, they regulate everything from the institution of suits to execution of decrees, appeals, review, revision, temporary injunctions, commissions, service of summons, and more.

🔍 Scope and Applicability of CPC

The CPC applies to all civil courts in India except those governed by special local or state laws. High Courts have the power to frame rules and modify procedures as required, under the authority granted by the Code.

🎯 Conclusion

The Code of Civil Procedure, 1908 is the backbone of civil judicial administration in India. It provides the necessary procedural foundation for the enforcement of legal rights and obligations under civil law.

Its importance lies in ensuring that justice is not only done but is seen to be done efficiently and fairly. While amendments are ongoing and necessary to meet modern needs, the CPC remains one of the most well-structured and vital legal codes in Indian jurisprudence.

Right to Information Act 2005 – Enforcement, Objectives & Importance

 Right to Information Act, 2005 – Enforcement, Objectives and Importance

Introduction:-

The Right to Information Act, 2005 (RTI Act) is one of the most important law in India that empowers citizens to demand information from public authorities (like Government offices, others offices). It is considered a milestone in the fight against corruption, secrecy, and unaccountable governance. By giving people the right to access information, it strengthens democracy and promotes transparency.

(This blog explains when the RTI Act was enforced, its historical background, its key objectives, and why it is so important for Indian democracy)

Historical Background and Enforcement of RTI Act 2005:-

The demand for transparency in governance first arose strongly from rural communities and grassroots movements in India. People wanted access to government records to fight corruption and exploitation.

At the national level, the journey began with the Freedom of Information Bill, 2000, introduced by the NDA government under Atal Bihari Vajpayee, based on the recommendations of the H.D. Shourie Working Group. It was later passed as the Freedom of Information Act, 2002. However, it failed because there was no obligation on authorities to provide information to the public.

The UPA government, which came to power in 2004, introduced a new and stronger Right to Information Bill, 2004. After debate and 146 amendments, it was passed by the Lok Sabha on 11 May 2005 and by the Rajya Sabha on 12 May 2005. It was published in the Gazette of India on 21 June 2005.

Finally, the Right to Information Act, 2005, came into force on 12 October 2005 (Vijayadashami day), and applied across India.

The Act consists of 31 sections and 2 schedules. It also established the Central Information Commission (CIC) and State Information Commissions. On 26 October 2005, former IAS officer Wajahat Habibullah became India’s first Chief Information Commissioner, appointed by the then President Dr. A.P.J. Abdul Kalam.

Thus, RTI became a historic tool for citizens to question and monitor government actions.

Objects of the Right to Information Act 2005:-

The main objectives of the RTI Act are:

1. To stop corruption – The RTI Act was designed as a weapon in the fight against corruption by removing secrecy in administrative processes.

2. Transparency in public authorities –By mandating disclosure of information, it ensures openness in the functioning of government bodies.

3. Ensuring public access to information – Every citizen has the right to access information held by public authorities.

4. Strengthening citizens’ right to know – Establishes a practical mechanism to make the constitutional right to freedom of information meaningful.

5. Establishment of Commissions – Provides for the creation of Central and State Information Commissions to address grievances.

6. Government accountability – Ensures that government bodies and enterprises work responsibly.

7. Balance of interests – While promoting transparency, the Act also protects confidential and sensitive information.

8. Upholding democracy – By strengthening the sovereignty of democratic ideals, it helps citizens actively participate in governance.

Importance of the Right to Information Act 2005:-

The RTI Act holds great importance in India’s democratic system. Its key contributions are:

1. Promotes Good Governance

The RTI Act is a key instrument to achieve the goals of good governance. It ensures openness, transparency, and efficiency in administrative functioning, thereby improving the quality of democracy.

2. Ensures Accountability

By making government officials answerable for their decisions and actions, the Act strengthens accountability. Citizens can directly question authorities and demand information on how decisions are made.

3. Improves Transparency in Governance

By reducing secrecy, RTI prevents corruption and malpractice in government departments.

4. Enhances Public Service Delivery

Citizens can demand information about ration distribution, pension schemes, education programs, and health services, leading to better delivery of services.

5. Protects Basic Rights

RTI ensures people receive their rightful entitlements and benefits. The Act safeguards essential requirements of life by allowing citizens to check whether they are receiving their rightful benefits under various government schemes and programs.

6. Encourages Citizen Participation

RTI gives ordinary people a voice in decision-making and increases trust in democracy.

7. Boosts Social and Economic Development

By exposing corruption and ensuring better delivery of services, RTI helps in promoting socio-economic development, particularly for marginalized communities.

8. Improves Administrative Efficiency

Fear of public scrutiny under RTI compels officials to work more carefully and efficiently. This ultimately raises the standard of administration.

9. Strengthens Freedom of Expression

Access to information is directly linked to the right to freedom of thought and expression. RTI gives citizens the confidence to voice their concerns based on facts.

10. Creates Awareness among Citizens

The Act educates and awakens citizens about governance and public policies, thereby making them active participants in the democratic process.

Conclusion:-

The Right to Information Act, 2005 is one of the most powerful tools in the hands of Indian citizens. It shifted governance from secrecy to transparency, giving people the right to question their rulers and demand accountability. Its enforcement on 12 October 2005 marked a turning point in Indian democracy.

RTI not only fights corruption but also ensures better public service delivery, strengthens freedom of expression, and encourages citizens to participate in governance. Despite challenges such as misuse or delays in response, it remains a landmark law that empowers people.

In true spirit, RTI fulfills the democratic principle that “an informed citizen is the cornerstone of a strong democracy.”

FAQs on Right to Information Act, 2005:-

Q1. When was the Right to Information Act, 2005 enforced? 

The RTI Act was enforced on 12 October 2005 across India, except Jammu and Kashmir (initially).

Q2. What is the main objective of the RTI Act?

Its main objective is to promote transparency, accountability, and good governance by giving citizens access to information from public authorities.

Q3. Why is the RTI Act important? 

The RTI Act is important because it helps fight corruption, improves public services, strengthens democracy, and empowers citizens.

Q4. Who was the first Chief Information Commissioner of India? 

Wajahat Habibullah was the first Chief Information Commissioner of India, sworn in on 26 October 2005.

Q5. Does RTI apply to all states of India?

Yes. Initially, Jammu and Kashmir had its own RTI Act, but after the abrogation of Article 370 in 2019, the Central RTI Act now applies there as well.

Q6. How does RTI help common citizens? 

RTI empowers citizens by enabling them to seek information on government decisions, policies, and funds. It ensures transparency, accountability, and fair governance.

Reason and intension to write this blog-

Right to Information Act 2005

When was RTI Act enforced

Objectives of RTI Act

Importance of RTI Act in India

Right to Information Act summary

First Chief Information Commissioner of India

RTI Act for UPSC/SSC/competitive exams

RTI Act explained for students

History of Right to Information in India

Benefits of RTI Act

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013)

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act 2013)

Objectives and Characteristics of LARR Act 2013

Introduction:-

✓In a welfare state, the government undertakes several projects for public interest and development, such as construction of roads, bridges, industries, dams, and other essential infrastructure. For such purposes, the State often requires land. When government land is unavailable, it may acquire private land, a process known as land acquisition.

✓History background and enactment of Act:- To ensure that landowners are fairly compensated and that the process remains transparent, the Land Acquisition Act, 1894 was originally enacted. However, with changing times, this Act became outdated. Consequently, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013) was passed.

✓This Act is applicable across India.

Objectives of the LARR Act 2013:-

The Preamble of the LARR Act, 2013 outlines its main objectives:

1. Acquisition of land for industrialization, urbanization, and infrastructural development.

2. Ensuring acquisition only for public purposes.

3. Payment of fair compensation to landowners.

4. Ensuring transparency in the process of acquisition, rehabilitation, and resettlement.

5. Making affected persons partners in development.

6. Improving the social and economic condition of affected families.

7. Minimizing hardship and displacement caused by land acquisition.

👉 Overall Objective: To strike a balance between development needs and the rights of landowners by ensuring fair compensation and transparency.

Main Characteristics of the LARR Act 2013:-

The important key features of the LARR Act, 2013 are as follows:-

1. Applicability: Extends to the whole of India.

2. Structure: Contains 114 sections and 4 schedules.

3. Purpose: Land can be acquired only for public purposes.

4. Fair Compensation: Landowners are entitled to market value + solatium (Provision to give proper compensation to land owners and land holders)

5. Transparency: Detailed provisions for transparency in acquisition, rehabilitation, and resettlement.

6. Minimizing Displacement: Care has been taken to reduce hardships of affected persons and involve them in development.

7. Social Impact Assessment (SIA):

✓Mandatory under Section 4 of this act:- 

 (i) Provision is to consult with Panchayat, Municipality, or Municipal Corporation before the acquisition of land.

(ii) Provision for public hearing and expert review.

8. Food Security (Section 10): Safeguards against excessive acquisition of agricultural land.

9. Transparency Measures:

✓Publication of preliminary notification.

✓Preliminary land survey.

✓Compensation for damages during survey.

✓Publication of rehabilitation & resettlement scheme.

✓Adjudication of land acquisition by the Collector, etc.

10. Determination of Compensation:

✓Market value of land.

✓Criteria for fixing compensation.

✓Timely payment of compensation.

11. Rehabilitation & Resettlement (Chapter 5 & 6): Detailed provisions for displaced families.

12. Additional Compensation (Section 39): In cases of multiple displacements.

13. Special Provisions (Section 41): Protection for Scheduled Castes and Scheduled Tribes.

14. National Monitoring Committee: Established under Chapter 7.

15. Authority (Chapter 8): To oversee implementation.

16. Jurisdiction: 

✓Civil Courts excluded (Section 63).

✓Appeals lie to the High Court within 60 days (Section 74).

17. Compensation Issues (Chapter 9 & 10):

✓Apportionment of compensation.

✓Payment methods.

✓Interest at 9% for delayed payment.

18. Offenses:

✓Offenses under the LARR Act are non-cognizable.

✓Liability extends to company officials (Directors, Managers, Secretaries, Person incharge of conducting business of company).

✓Tried by Metropolitan Magistrate/ Judicial Magistrate First Class

19. Return of Unutilized Land (Section 101): Unutilized land must be returned to original owners.

Conclusion:-

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a landmark legislation ensuring that land acquisition is carried out in a just, transparent, and humane manner. It provides for:

✓Fair market-based compensation

✓Social impact assessments

✓Special safeguards for vulnerable groups

✓Transparent procedures

Its ultimate goal is to balance the nation’s development needs with the rights of individuals, thereby making land acquisition more just and participatory.

🔑 

Right to Fair Compensation Act 2013, Land Acquisition Act, Rehabilitation and Resettlement, LARR Act 2013, Features of Land Acquisition Act, Objectives of LARR

~ Aryavart Law Hub ( www.aryavartlawhub.in)

Legal Disability under Limitation Act, 1963 – Sections 6, 7, and 8 Explained with Case Laws

"Legal Disability under Limitation Act, 1963 – Sections 6, 7, and 8 Explained with Case Laws”

Introduction:-

The Limitation Act, 1963 lays down the time periods within which a suit, appeal, or application must be filed in a court of law. Ordinarily, time runs from the date on which the cause of action arises. But sometimes, the person entitled to sue suffers from legal disability such as being a minor, insane, or of unsound mind. In such cases, strict application of limitation would cause injustice.

            To remedy this, the Act makes special provisions under Sections 6, 7, and 8. These sections deal with the extension of limitation period in case of legal disabilities, ensuring that persons under disability are not deprived of their rights merely because of their incapacity.

Section 6: Legal Disability

Section 6 provides that if a person is, at the time from which the period of limitation is to be reckoned, suffering from a legal disability (minority, insanity, or idiocy), he may institute the suit or application within the same period after the disability has ceased as would otherwise have been allowed from the original starting point.

               Thus, time does not run against persons under legal disability.

Provisions of Section-6 of Limitation Act 1963 explained below:-

1. Disability at Commencement

If the plaintiff is a minor, insane, or idiot at the time the cause of action arises, limitation will begin only when the disability is removed.

Example: A cause of action arises on 20 August 2005. The plaintiff is a minor until 15 March 2006. The limitation period starts from 16 March 2006.

Case- Firm Dunichand v. Kuldeep Singh (AIR 1955 Lahore 144) – Plaintiff must be under disability on the date of commencement of limitation for Section 6 to apply.

2. Successive Disabilities

If one disability is followed by another before the first is removed, limitation runs only after both end.

Example: A plaintiff is a minor, and before attaining majority, he becomes insane. Time runs only after he regains sanity.

3. Disability Continues Until Death

If the person dies while still under disability, his legal representative may institute the suit within the same period after death as would have been allowed if the person had lived.

Ramliyah v. Brahmmiyah (AIR 1930 Madras 821) – Limitation runs from the death of the disabled person.

4. Legal Representative Also Disabled

If at the time of the person’s death, his legal representative is also under disability, time will start only when the representative’s disability ends.

Lakshmandas v. Sundar (59 IC 678) – Limitation postponed until disability of legal representative ceases.

5. Death After Removal of Disability

If a person dies after removal of disability but before expiry of limitation, his legal representative may file the suit within the remaining time.

Section 6 in short -

👉Protects persons suffering from disability.

👉Successive disabilities are covered.

👉Rights extend to legal representatives as well.

Section 7 of Limitation Act 1963: Disability of One of Several Persons

Section 7 is a supplementary provision to Section 6. It applies where several persons are entitled to institute a suit or make an application jointly, and one or more of them suffer from disability.

The rule is:

✓If a valid discharge can be given by any of them without the consent of the person under disability, then limitation runs against all.

✓If no discharge can be given without the consent of the disabled person, limitation will not run until he becomes competent.

Explanation of Section-7 of Limitation Act 1963:-

1. Discharge by Competent Person

If a discharge of liability (e.g., receipt of money, settlement of claim) can be given by a competent joint holder, limitation will run against all, even though one is under disability.

2. Discharge Requires Consent of Disabled Person

If no discharge can be given without the disabled person’s consent, limitation does not run until the disability ends.

Case Laws related to section- 7 

Lalaram v. Ram Swarup (AIR 1964 All 495) – Under Mitakshara Hindu law, the Karta of a joint family can give valid discharge without consent of minors; limitation runs against all members.

Bholanand v. Parmanand (6 CWN 348) – A natural or legal guardian can give discharge for minors.

Amina Bibi v. Bama Shankar (41 All 473) – Under Muslim law, the mother is not a legal guardian of minor’s property; hence cannot give discharge.

Devaki v. Kanan (AIR 1941 Mad 678) – A co-trustee can give discharge without consent of others.

Sharda Prasad v. Lala Jamna Prasad (AIR 1961 SC 1074) – A co-sharer can give discharge without consent of other co-sharers.

Section-7 in short -

✓Applies in cases of joint rights.

✓Limitation runs if a competent person can discharge liability on behalf of all.

✓Protects disabled persons when their consent is legally necessary.

Section 8 of Limitation Act 1963: Special Exceptions 

Section 8 imposes two important limitations on Sections 6 and 7:

1. Maximum Period of Three Years

Even if disability continues, a suit cannot be filed later than three years from the date of removal of disability or death.

This ensures that claims are not indefinitely postponed.

2. Not Applicable to Certain Rights

Sections 6 and 7 do not apply to suits for pre-emption or other specific rights.

Case Law related to section-8

Janardan v. Neelkant (AIR 1952 Orissa 31) – Section 8 acts as a proviso to Sections 6 and 7.

Alarakshi Bibi v. Ujala Bibi (AIR 1966 Orissa 49) – A minor became major in June 1954; limitation extended only up to June 1957 (3 years), not indefinitely.

Section 8 in short -

✓Absolute bar against indefinite extension.

✓Maximum grace period: 03 years after removal of disability.

✓Excludes cases like pre-emption.

In short easy to remember: Sections 6, 7, and 8 of Limitation Act 1963:-

Section 6 protects individuals suffering from disability by postponing limitation until disability ceases.

Section 7 deals with cases where rights are held jointly; limitation may run against all if a competent person can give discharge.

Section 8 limits the benefit by imposing a maximum extension of three years.

These provisions collectively balance two principles:

1. Protection of vulnerable persons (minors, insane, etc.).

2. Certainty and finality in litigation by preventing indefinite delays.

Conclusion:-

The Limitation Act, 1963 recognizes that certain persons may be incapable of protecting their rights due to legal disability. Sections 6, 7, and 8 carve out exceptions to the general rules of limitation. While Sections 6 and 7 safeguard the interests of disabled persons, Section 8 prevents misuse of these provisions by capping the extension period.

       Thus, the Limitation Act ensures that justice is served both by protecting the weak and by maintaining certainty in law.

~ Aryavart Law Hub ( www.aryavartlawhub.in )

What is Law?

 The concept of law is one of the most important foundations of civilized society. However, it is also one of the most difficult to define. The main reason is that law changes with society, time, and circumstances. Different scholars, jurists, and philosophers have given different meanings to law, depending on their approach. Therefore, there is no single universal definition of law.

H.L.A. Hart rightly observed that law is so diverse and connected to human life that it cannot be given one definite definition. Since law deals with human conduct and society, it evolves with changing needs and values.

Major Definitions of Law

1. Montesquieu – He divided law into three types:

-Divine Law (will of God),

-Physical Law (order of nature like motion, gravity),

-Human Law (ethical rules and legal rules).

2. Blackstone – Law is a complete set of rules of action, which includes not only civil law but also natural, physical, moral, and ethical laws.

3. Holland – Law is a set of general rules of human action enforced by a political authority. Thus, law is connected with state power.

4. Hooker – Law is simply the rules and bye-laws through which human action is regulated.

5. Salmond – Law means civil law of a country, applied by courts to regulate rights and duties and ensure justice.

6. Austin – Law is the command of the sovereign. It is binding on individuals and backed by a sanction. This is known as positive law.

7. Kelsen – Law is a command imposing duties. He emphasized that law derives authority from a higher legal norm.

8. Roscoe Pound – He saw law in three senses:

-A system of social control,

-Authoritative guidance,

-All judicial and administrative functions.

9. Duguit – Law is a social fact, based on social solidarity. It is legitimate only when accepted by society, not merely by the command of a sovereign.

10. H.L.A. Hart – Law is a set of rules that impose duties and prevent wrongs. Courts and authorities enforce these rules for social order.

Common Elements in All Definitions

-Law is connected with human conduct and society.

-It regulates rights and duties.

-It is either the command of the sovereign (Austin, Kelsen) or the result of social forces (Pound, Duguit).

-It acts as an instrument of justice and ensures order in society.

-Courts play an essential role in applying and enforcing law.

Conclusion

From these definitions, we see that law has many aspects:

-It may be considered a divine or natural order (Montesquieu, Blackstone).

-It may be seen as a command of the sovereign (Austin, Kelsen).

-It may be regarded as a social product (Pound, Duguit).

-it may be understood as a system of rights, duties, and judicial decisions (Salmond, Hart).

Thus, there is no single universal definition of law. As Roscoe Pound noted, law is essentially a tool of social control and justice, which adapts with the changing needs of society.

~ Aryavart Law Hub 

Section 5 of Limitation Act, 1963 – Detailed Notes with Case Laws

Section 5 of the Limitation Act, 1963 – Condonation of Delay Explained below:-

Introduction-

The Limitation Act, 1963 provides a time period for filing appeals and applications in courts. If they are not filed within the prescribed time, they are generally dismissed. However, to avoid injustice, Section 5 of the Limitation Act empowers courts to admit an appeal or application even after the expiry of limitation, if “sufficient cause” for the delay is shown.

Scope and Applicability of Section 5 of Limitation Act:-

👉Section 5 applies only to appeals and applications.

👉It does not apply to suits or execution proceedings under Order XXI CPC.

👉Delay can be excused only if the court is satisfied that there was sufficient cause.

👉The discretion lies with the court and must be exercised judicially.

Meaning of “Sufficient Cause”

The term “sufficient cause” is not defined in the Act. Courts have interpreted it as:

-A cause beyond the control of the party.

-Genuine and reasonable, not due to negligence.

-To be judged based on facts of each case.

📌 Case Reference:

Mrs. Tarwanti v. State of Haryana (1995) – sufficient cause means a reason beyond the party’s control.

Maniben Devraj Shah v. Municipal Corporation, Mumbai (2012) – sufficient cause must be construed in a justice-oriented manner.

Important Principles Laid Down by Courts

Refusing condonation may result in injustice.

When substantial justice and technical rules clash, justice must prevail.

A liberal approach is preferred, but negligence cannot be excused.

Length of delay is immaterial; what matters is the explanation.

📌 Key Cases:

Collector, Land Acquisition v. Katiji (1987) – courts should adopt a liberal approach.

Chief Post Master General v. Living Media (2012) – liberal view is not unlimited; negligence not condoned.

N. Balakrishnan v. Krishnamurthy (1998) – even long delay may be condoned if justified.

Circumstances Considered as “Sufficient Cause”

1. Illness of the party – accepted (e.g., Manju Bala v. Pradosh Ranjan, 1971).

2. Imprisonment of the party – delay excused (Maharaj Narayan v. Banaji, 1904).

3. Error/Mistake in Good Faith – wrong advice by advocate or filing in wrong court (Matadeen v. Narayanan, 1970).

4. Illiterate or Pardanashin Women – delay excused (Mrs. Ballawa v. Mrs. Shantawa, 1997).

5. Short delay with explanation – small delays often excused.

6. Governmental delay due to red-tapism – sometimes condoned (State of Nagaland v. Lipok AO, 2005).

Circumstances NOT Considered as “Sufficient Cause”

1. Ignorance of law (Pokarmal v. Sagarmal, 1972).

2. Poverty alone (Balwant v. Jagjeet, 1947).

3. Negligence in paying court fees (Swaroop Singh v. Ratan Singh, 2016).

4. Gross negligence or inactivity (Naresh Mohan v. Urmila Devi, 2005).

Role of the Court in Condonation of Delay

Court has discretionary power.

Discretion must be judicial, not arbitrary.

Court may condone delay by imposing costs on the defaulting party (Pandian v. Aruna Amma, 2019).

Landmark Judgments on Section 5 of Limitation Act 1963:- 

1. Collector v. Katiji (1987) – liberal interpretation.

2. N. Balakrishnan v. Krishnamurthy (1998) – length of delay immaterial.

3. State of Nagaland v. Lipok AO (2005) – red-tapism considered.

4. Maniben Devraj Shah v. Municipal Corporation (2012) – justice-oriented interpretation.

5. Chief Post Master General v. Living Media (2012) – negligence not condoned.

Conclusion:-

Section 5 of the Limitation Act 1963 acts as an exception to the strict law of limitation. It ensures that genuine litigants are not deprived of justice due to unavoidable delays. Courts generally adopt a liberal approach, as seen in cases like Katiji and Balakrishnan, but they also warn against misuse. Negligence, ignorance of law, or lack of good faith are not excused.

~ Aryavart Law Hub (www.aryavartlawhub.in)