Cause of Action Defines

Cause of Action Defines

By

S J Tubrazy

Cause of action” would mean the whole bundle of material facts which it was necessary for the plaintiff to prove in order to entitle him to immediate judgment.

Cause of action” would mean the infringement of the right which furnished occasion for the action. 

The expression “cause of action” means the cause of action for which a suit is brought.

The expression “cause of action” used in the law in its general sense, refers to and signifies averment of fact or state of facts, giving rise to a claim or right of the plaintiff, against the defendant, sufficient to enable a Court in rendering a judgment or to grant relief.

The cause of action has no relation whatsoever to the defence which may be set by the defendant, nor does it depend upon the character of the relief prayed for by the plaintiff. It refers entirely to the grounds set forth in the plaint as the cause of action, or, in other words, to the media upon which the plaintiff asks the Court to arrive at a conclusion in his favour.

It is axiomatic principle of law that while considering the question of cause of action, the Court should apply its mind to the facts given in the plaint, and not to any other matter, and it has to presume that every allegation made in the plaint was true. It could therefore, reject the plaint, if it came to the conclusion that if all the allegations are proved, the plaintiff would not be entitled to any relief whatsoever further, if there is any vagueness about the pleadings, the proper course is to order the party to remove the vagueness and not to reject the plaint.

 ( Author is Lawyer of Banking Laws by profession )