What is Cause of Action

NOTES:- CAUSE OF ACTION--

"A 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. It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. It is not limited to the actual infringement of the right sued on but includes all the material facts on which it is founded. It does not comprise evidence necessary to prove such facts, but every fact necessary for the plaintiff to prove to enable him to obtain a decree. Everything which if not proved would give the defendant a right to immediate judgment must be part of the cause of action. But it has no relation whatever to the defence which may be set up by the defendant nor does it depend upon the character of the relief prayed for by the defendant." A.B.C. Laminart Pvt. Ltd & Am: vs. A.P. Agencies Salem (1989) 2 SCC 163.

The "cause of action" is a bundle of facts which taken with the law applicable to them gives the plaintiff the right to relief against the defendant. Every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms. It is worthwhile to find out the meaning of the words "cause of action". A cause of action must includes some act done by the defendant since in the absence of such an act no cause of action can possibly accrue.Church of Christ Charitable Trust & Edu. Versus M/S Ponniamman Education, Trust 2012 (2) UAD 362