Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all:
but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
Explanation I.— —This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.
Explanation II.— —For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if the manager is in control of the joint family property.
Legal Commentary & Landmark Judgments: Section 7
Section 7 of the Limitation Act, 1963 regulates the effect of legal disability where one of several persons jointly entitled to institute a suit or make an application is under a disability (minority, insanity, idiocy), governing whether time runs against all or is paused.
When representing minor plaintiffs claiming joint family property or partnership debts, determine whether any major adult co-claimant had legal power to give a valid discharge; if not, invoke Section 7 to defeat the limitation bar.