Judicial Dictionary - C
Judicial Dictionary
Legislative Dictionary
Cause of Action
Category | C |
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Title | Cause of Action |
Details | Order VII, rule 11 of the Code says, inter alia, that- 'the plaint shall be rejected where it does not disclose any cause of action'. 'Cause of action' is nowhere defined in the Code. Nonetheless, it is viewed by the superior Courts as the 'bundle of essential facts which is necessary for the plaintiff to prove before he can succeed in the suit.' It not only includes the facts necessary to support the plaintiff's title but also the facts which entitle him to relief against a particular defendant. 'Cause of action' as is held in Barikara Narasayya Vs. R. Basavana reported in (1985) 2 Civ LJ 649, 'means all that bundle of facts which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the Judgment of the Court'. (Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD) [8214]) Expression "cause of action" means entire bundle of facts which a plaintiff has to prove in order to be eligible for grant of relief. It can, also, be said that cause of action presupposes the existence of a right in plaintiff which right has either been infringed or is threatened to be infringed. Cause of action cannot be construed in an isolated way and whole averments made in plaint are to be seen and taken together to see whether any cause of action has been disclosed or not. It is the plaint as a whole which is to be construed and not terminology or for that matter a few straw references. (General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD) [8489]) The term “cause of action” has not been defined in the Code of Civil Procedure. Rule 1(e) of Order VII of the Code only provides that besides other particulars, mentioned in different clauses of Rule 1, the plaint shall contain the “facts constituting the cause of action and when it arose”. The cause of action for the suit ordinarily ‘thus, means the cause which leads the plaintiffs to bring a legal action. The incidence of cause of action must be, antecedent to the bringing of the suit at a time when the right to sue arose for the first time. It consists of the entire set of facts which gives rise to a legal action and is to be proved to entitle the plaintiff to succeed in the suit. It has little relation either to the defence to be taken by the defendant or the nature of relief to be prayed for by the plaintiff in the suit. (Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD) [530]) Cause of action means the whole of the material facts which is necessary for the plaintiff to allege and prove in order to succeed in his suit. Cause of action is synonymous with, the right to sue. In its wider sense it means the necessary conditions for the maintenance of the suit; in its restricted sense it means the circumstances forming the infringement of the right or the immediate occasion for the action. (Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD) [7231]) A cause of action is the entire set of facts that gives rise to an enforceable claim. It consists of every fact which is to be proved to entitle the plaintiff to succeed and give him a right of action. (Haji Nurul Islam Vs. Ashraf Ali, 30 DLR (HCD) (1978) 215) 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. (Cooke Vs. Gill 1873 LR 8 CP 107, 42 LJCP 98) A factual situation the existence of which entitles one person to obtain from the court a remedy against another person. (Letang Vs. Cooper (1960) 2 All ER 929)
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Created On | April 23, 2011, 5:27 AM |
Hits | 943 |