TMI BlogInterpretation of word "Cause of action"X X X X Extracts X X X X X X X X Extracts X X X X ..... ecessary to prove each fact, but every fact which is necessary to be proved. (Read (1888) Vol. XXII QBD 128, C.P. Agencies,). In other words, a bundle of facts which taken with the law applicable to them gives the plaintiff a right to relief against the defendant. It must include some act done by the defendant since, in the absence of such an act, no cause of action would possibly accrue or would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court or a Tribunal; a group of operative facts giving rise to one or more bases of suing; a factual situation that entitles one person to obtain a remedy in court from another person (Black s Law Dictionary). In Stroud s Judicial Dictionary- a cause of action is stated to be the entire set of facts that gives rise to an enforceable claim; In Words and Phrases (4th Edn.)- the meaning attributed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction . The collocation of the words cause of action , wholly or in part, arises seems to have been lifted from Section 20 of the Code of Civil Procedure, which section also deals with the jurisdictional aspect of Courts. Although in view of Section 141 of the Code of Civil Procedure, the provisions thereof would not apply to writ proceedings, the phraseology used in Section 20(c) of the Code of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... REME COURT]. [Bhavendra Hasmukhlal Patadia vs UOI- 2022 (5) TMI 235 - GUJARAT HIGH COURT] Expression cause of action The expression cause of action has acquired a judicially-settled meaning. In the restricted sense cause of action means the circumstances forming the infraction of the right or the immediate occasion for the action. In the wider sense, it means the necessary conditions for the maint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l to be proved to entitle the plaintiff to succeed, and every fact which a defendant would have a right to traverse. 'Cause of action' has also been taken to mean that particular act on the part of the defendant which gives the plaintiff his cause of complaint, or the subject matter of grievance founding the action, not merely the technical cause of action. [Kunjan Nair Sivaraman Nair v. N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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