What is Cause of Action in CPC?
Cause of Action in CPC
Meaning of Cause of Action
Cause of Action (COA) means the sum total of facts which gives a person a right to sue another.
It is the set of circumstances or events that entitles the plaintiff to seek legal relief against the defendant.
In simple terms, it is the right to bring an action in court.
Legal Definition
In legal terms, Cause of Action consists of two elements:
The wrongful act or omission of the defendant.
The injury or damage caused to the plaintiff due to that act.
Both these elements must be present to constitute a valid cause of action.
Explanation in CPC Context
The concept is crucial in civil procedure because the jurisdiction of the court and the maintainability of the suit depend on the existence of a cause of action.
Without a cause of action, a suit is liable to be dismissed.
The plaintiff must clearly disclose the cause of action in the plaint.
Components of Cause of Action
| Element | Explanation |
|---|---|
| Fact | The actual event or omission by the defendant |
| Legal Right | The right of the plaintiff infringed by defendant’s act |
| Injury/Damage | The harm or loss suffered by the plaintiff due to defendant’s act |
| Right to Sue | The plaintiff’s legal entitlement to seek remedy |
Characteristics of Cause of Action
Must be based on facts: It is not just a legal theory; it must have factual basis.
Complete cause of action: The whole set of facts constituting cause of action must be proved.
Distinct from relief: Cause of action is different from the relief sought; the same cause of action may give rise to different reliefs.
Different from claim: The claim is the remedy asked, cause of action is the factual and legal basis of claim.
Why Cause of Action is Important?
Determines jurisdiction of the court.
Basis for deciding maintainability of the suit.
Helps avoid multiplicity of suits by deciding all claims arising from the same cause of action.
Necessary to establish res judicata (when a cause of action has already been decided).
Relevant Provisions in CPC
Order 7 Rule 1 requires the plaint to contain a statement of the cause of action.
Section 9 of CPC says courts have jurisdiction unless expressly or impliedly barred, but cause of action affects maintainability.
Order 2 Rule 2 allows the suit to include all claims arising out of the same cause of action.
Case Laws on Cause of Action
T. Arivandandam v. T.V. Satyapal, AIR 1977 SC 2062
The Supreme Court defined cause of action as a bundle of facts which taken with the law applicable gives a right to sue.
K.K. Verma v. Union of India, AIR 1966 SC 1083
Cause of action must be founded on facts which give the plaintiff the right to relief.
Daryao v. State of U.P., AIR 1961 SC 1457
Emphasized that the cause of action comprises every fact necessary to be proved to succeed.
B.K. Educational Services Pvt. Ltd. v. Parag Gupta and Associates, (2008) 13 SCC 527
Explained cause of action in the context of arbitration and civil suit and distinguished cause of action from cause of suit.
Examples of Cause of Action
In a contract breach suit, the cause of action arises when the defendant fails to perform as promised, causing loss to the plaintiff.
In a tort suit, the cause of action arises when the defendant’s wrongful act causes injury or damage to the plaintiff.
Distinction Between Cause of Action and Relief
| Aspect | Cause of Action | Relief |
|---|---|---|
| Definition | Set of facts giving right to sue | Remedy sought by plaintiff |
| Nature | Fact-based | Legal consequence of cause of action |
| Can vary independently | No, cause of action fixed | Yes, relief may vary even with same cause |
| Example | Breach of contract | Damages or specific performance |
Summary
| Aspect | Description |
|---|---|
| Meaning | Set of facts enabling plaintiff to sue |
| Components | Wrongful act + injury + legal right |
| Importance | Determines jurisdiction & maintainability |
| Governing Rule | Order 7 Rule 1 CPC |
| Leading Case | T. Arivandandam v. T.V. Satyapal (1977) |
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