cause of action

English · Courts and procedure

Meaning. The set of facts a plaintiff must prove to be entitled to a judgment in his favour.

The CPC does not define the phrase. Courts describe it as every fact which, if denied, the plaintiff would have to prove to succeed: the right claimed and its infringement. It does not include the defence, and it is gathered from the plaint alone.

It matters at several points. A suit may be filed where the cause of action wholly or partly arises (s.20(c) CPC; Article 226(2) for writs). A plaint that discloses no cause of action is rejected under Order VII Rule 11(a). Order II Rule 2 requires the whole claim arising from one cause of action to be sued for in one suit. Limitation usually runs from the date it accrues.

Example

Since part of the cause of action arose in Mysuru, where the contract was accepted, the Mysuru court has territorial jurisdiction under section 20(c) CPC.

In Indian law

Section 20(c), Code of Civil Procedure, 1908 (suit where the cause of action wholly or in part arises)
Order VII Rule 11(a), CPC (rejection of plaint that discloses no cause of action)
Order II Rule 2, CPC (whole claim from one cause of action in one suit)

cause of action

Example

In Indian law

See also

Read more in the study notes