Cause of action in Civil Suit under CPC
In this article, we will discuss the topic Cause of Action under CPC like; what is the cause of action? what is the importance of the cause of action in a suit? what role plays a cause of action in a suit to get the relief by the plaintiff? etc.. Let’s discuss in detail.
Cause of action is an important aspect of the plaint on which it is based. If there is no cause of action in the plaint, it will have to be rejected. Without a cause of action, Civil Suit cannot arise. Therefore, a cause of action is essential to Civil suit by its nature.
The Cause of Action consists of the set of facts or allegations that make up the grounds for filing a lawsuit against the defendant. The term Cause of Action has not been defined in the Code of Civil Procedure.
Cause of Action:-
A Cause of Action, in law, is a bundle of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The legal document which carries a claim is often called a “statement of claim” in English law, or a ‘complaint in the U.S.
Cause of Action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the above-stated purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, and breach of trust, willful default or undue influence.
Cause of Action is, which gives occasion for and forms the foundation of the suit. If that cause of action enables a person to ask for a larger and wider relief than to which he limits his claim, he cannot afterward seek to recover the balance by independent proceedings.
In the case of Sidramappa vs. Rajashetty, (1970) 3 SCR 319; AIR 1970 SC 1059 it was held that the expression “cause of action” with regard to a civil matter means that it should be left to the litigant for institute case at Lucknow Bench or at Allahabad Bench according to the cause of action arising wholly or in part within either of the areas.
A cause of action usually involves both legal theory (the legal wrong) and remedy (the relief). Cause of Action may be multiple in a suit. The cause of action is essential to a suit represented in Order II Rule 2 of the Code wherein it is stated that a plaint must mention the cause of action.
Important of Cause of Action:-
As we have discussed above, that it is an essential part of the lawsuit and consist the bundle of fact of the claim of the plaintiff from the court against the defendant. It is the center of the suit. It consists of the following:-
1. Substantive right existing in the plaintiff,
2. The violation of that right by the defendant.
It is a pivot of the entire suit as all the factors such as the settlement of issue, the evidence to be taken up on and the judgment to be pronounced and also the settlement of matter in issue etc. is all depends upon the cause of action. Cause of action should be clearly stated by the plaintiff and the burden of proof also lies upon the plaintiff to prove his cause of action beyond doubt.
As per the above-stated matter, we can say that the cause of action is the heart of the complaint, without which a suit can be dismissed. It is not sufficient merely to state the certain events or facts occurred that entitles the plaintiff to relief but mention all the elements of each cause of action in detail in the complaint. So the cause of action means a bundle of the facts or allegations that constitutes the grounds for filing a lawsuit.