Article 102: (Art. 94 of the Act of 1908):
The period of limitation for a suit for property which the plaintiff has conveyed while insane is three years and the limitation commences when the plaintiff is restored to sanity and has knowledge of the conveyance.
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ADVERTISEMENTS:
The Art. 102 is confined to a suit filed by a lunatic for recovery of property or for setting aside any transaction with regard to property caused by him while he was insane. A suit to set aside a transaction entered into by an insane person after his death does not attract the Art. 102.
Insanity means unsoundness of mind as a consequence of brain disease; madness, mental derangement. If the effect of disease was to impair those faculties of reason the consequence that the accused did not know what he was doing, or, if he did, that he did not know that it was wrong, he was ‘insane’ in the legal sense. Insanity is the absence of ordinary reason, thought, and comprehension. It signifies any derangement of the mind that deprives it of the power to reason or will intelligently.
In India, a contract by a minor or a lunatic is wholly void as he had no capacity to enter into contract.
Under Art. 102, the limitation is three years and cause of action arises from the date when the plaintiff is restored to sanity and has knowledge of the conveyance.