Article 81: (Art. 20 of the Act of 1908):
The period of limitation for a suit by executors, administrators or representatives under, the Legal Representatives‘ Suits Act, 1855 is one year and the time of limit runs from the date of the death of the person wronged.
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ADVERTISEMENTS:
While Indian Succession Act provides for rights of action except in regard to certain personal injuries, Legal Representatives’ Suit Act is restricted to wrongs which have occasioned the pecuniary loss to the estate of the deceased. While the Indian Succession Act provides rights to the executors and administrators, the Legal Representatives’ Suits Act not only gives right to the executors and administrators but also other legal representatives.
The Article 81 applies to suit filed by executors, administrators or legal representatives of a deceased person under the Legal Representatives’ Suits Act, 1855 in respect of wrongs or torts committed by the deceased in his lifetime which occasioned pecuniary loss to his estate. The cause of action arises on the death of the person wronged as it is a suit in respect of a wrong committed during the lifetime of the person so wronged.