Cause of Action

⚖️ Short Notes on Cause of Action in Civil Procedure Code & Limitation Act

1. Meaning of Cause of Action

Cause of Action refers to the bundle of facts which gives the plaintiff the right to seek relief through the court. It is the foundation of a suit and must be clearly pleaded in the plaint.

2. Relevant Provisions under CPC

• Though not explicitly defined in CPC, it is implied in Order II Rule 2 and Order VII Rule 1(e).
• Order VII Rule 1(e) – Requires the plaint to state the facts constituting the cause of action.
• Section 20 CPC – Jurisdiction of court is determined based on where the cause of action arises.

3. Importance of Cause of Action

• Determines maintainability of the suit
• Determines jurisdiction of the court
• Helps in assessing whether the plaint discloses a valid claim

4. Rejection of Plaint for No Cause of Action

Under Order VII Rule 11(a) CPC, if the plaint does not disclose a cause of action, it can be rejected at the preliminary stage.

5. Limitation Act, 1963 and Cause of Action

The Limitation period under the Limitation Act starts from the date on which the cause of action arises:

• Each type of suit has a specific limitation period listed in the Schedule to the Limitation Act.
• If a suit is filed after the limitation period, it may be dismissed as time-barred.
• Understanding cause of action is essential to calculate limitation accurately.

✅ Note:

Cause of action must be real, not illusory. Courts require specific mention of facts giving rise to the right to sue. A suit without a cause of action is liable to be rejected.