Cause of action

Cause of Action:—

 The term “right to sue” must be equated with “cause of action”, unless the context indicates otherwise. The expression “cause of action” has sometimes been employed to convey the restricted idea of facts or circumstances which constitute either the infringement or the basis of a right and no more. In a wider and more comprehensive sense, it has been used to denote the whole bundle of material facts which a plaintiff must prove in order to succeed. These are all those essential facts without the proof of which the plaintiff must fail in his suit, Gurdit Singh v. Munsha Singh(1977) 1 SCC 791. The expression “cause of action” is tersely defined in Mulla’s Code of Civil Procedure: “The ‘cause of action’ means every fact which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court.” In other words, it is a bundle of facts which taken with the law applicable to them gives the plaintiff a right to relief against the defendant, State of Rajasthan v. Swaika Properties(1985) 3 SCC 217

The expression “cause of action” means that bundle of facts which the petitioner must prove, if traversed, to entitle him to a judgment in his favour by the court, ONGC v. Utpal Kumar Basu(1994) 4 SCC 711.  By “cause of action” it is meant every fact, which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court. In other words, a bundle of facts which it is necessary for the plaintiff to prove in order to succeed in the suit, Bloom Dekor Ltd. v. Subhash Himatlal Desai(1994) 6 SCC 322.  

A right to sue. As to joinder of causes of action, see that title. Comprises a bundle of facts which are relevant for the determination of the lis between the parties, A.V.M. Sales Corpn. v. Anuradha Chemicals (P) Ltd.(2012) 2 SCC 315.

Cause of Action and Material facts :—  Cause of action implies a right to sue. The material facts which are imperative for the suitor to allege and prove constitute the cause of action. Cause of action is not defined in any statute. It has, however, been judicially interpreted inter alia to mean every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Negatively put, it would mean that everything which, if not proved, gives the defendant an immediate right to judgment, would be part of cause of action. Its importance is beyond any doubt. For every action, there has to be a cause of action, if not, the plaint or the writ petition, as the case may be, shall be rejected summarily. The entire bundle of facts pleaded need not constitute a cause of action as what is necessary to be proved before the petitioner can obtain a decree is the material facts. The expression material facts is also known as integral facts. All necessary facts must form an integral part of the cause of action, Kusum Ingots & Alloys Ltd. v. Union of India(2004) 6 SCC 254

Cause of action is a bundle of facts which are required to be proved for obtaining relief. The expression “material facts” has not been defined anywhere, but from the wording of Order 6 Rule 2 of Civil Procedure Code, 1908 (India) the material facts would be, upon which a party relies for his claim or defence. The material facts are facts upon which the plaintiff’s cause of action or the defendant’s defence depends and the facts which must be proved in order to establish the plaintiff’s right to the relief claimed in the plaint or the defendant’s defence in the written statement. Which particular fact is a material fact and is required to be pleaded by a party, would depend on the facts and circumstances of each case, Mayar (H.K.) Ltd. v. Vessel M.V. Fortune Express(2006) 3 SCC 100.

CASE-LAW:—
It is settled law that cause of action consists of a bundle of facts, which give cause to enforce the legal inquiry —- See full text.
Y. Abraham Ajith v. Inspector of Police, (2004) 8 SCC 100

“Cause of action” consists of a bundle of facts, which give cause to enforce the legal inquiry for redress in a court of law…,
Om Prakash Srivastava v. Union of India, (2006) 6 SCC 207.

It is settled law that cause of action consists of a bundle of facts, which give cause to enforce the legal inquiry —- See.
Swaati Nirkhi v. State (NCT of Delhi), 2021 SCC OnLine SC 202

Cause of action is bundle of facts—See.
Nawal Kishore Sharma v. Union of India, (2014) 9 SCC 329.

cause of action ‘ means that bundle of facts – Proof Explained.—-See.
Union of India v. Adani Exports Ltd., (2002) 1 SCC 567

accrual of the cause of action…,See.
Trustees of Port of Bombay v. Premier Au …, (1974) 4 SCC 710

Cause of action ” means that bundle of facts which the petitioner must prove —- See.
Shanti Devi v. Union of India, (2020) 10 SCC 766

The cause of action is a bundle of facts which taken with the law —-See.
Church of Christ Charitable Trust & Educ …, (2012) 8 SCC 706

Territorial jurisdiction/Cause of action – Cause of action means a bundle of facts which taken …,See.
Badal Chandra Ghosh v. Union of India, 1999 SCC OnLine Cal 589.


Cause of action is nothing but a bundle of facts —-
Bank of Baroda v. Kotak Mahindra Bank Lt …, 2020 SCC OnLine SC 324.

It means a bundle of facts which are required to be proved. The entire bundle of facts pleaded, however, need not constitute ——-See.
Lucky Coke Manufacturers v. Union of Ind …, 2014 SCC OnLine Cal 14669

In paragraph 3 of its judgment, the Supreme Court …It is settled law that cause of action consists of…, — Explained indetail.—See.
Gannon Dunkerly & Co. Ltd. v. State Bank …, 2017 SCC OnLine Bom 6384.

It means a bundle of facts which are required to be proved. The entire bundle of facts pleaded, however, need not constitute —- See.
Dipak Kumar Sarkar v. Union of India, 2011 SCC OnLine Cal 3107

Civil Law

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