Meaning of Cause of Action under CPC 1908

 

                                  Lecture--4

Q 4. what do you mean by cause of action. What are the rules regarding joining of cause of action? Define Mis-joinder of cause of action? What order would civil court judge pass in cause where the plaint does not disclose any cause of action?

Cause of Action:-

Cause of action is the foundation of the suit. It must be antecedent to the institution of the suit and on the basis of it, the suit must have been filed. Cause of action maybe defined as “The bundle of facts recorded to be stated in a plaint is said to cause of action”(Arun aggarwal v. World Association for Small and Medium Enterprises, 2009(157)DLT 99).

Generally stated the cause of action means every fact  which is necessary to establish to establish to support right or obtain judgment. To put it differently, it means bundle of essential facts which, it is necessary for the plaintiff to prove before he can succeed in the case (Oskar Louis v. K.V. Saradha, AIR 1991 Ker 137)

There is a distinction between the ‘cause of action’ and the ‘right of action’ these terms are not interchangeable of synonymous. A right of action is a right to presently enforce a cause of action where a cause of action is the operative facts which give rise to such a right of action (Sardar Balbir Singh v. Atma Ram Srivastva AIR 1977 All 211 (FB))

Joinder of the cause of action:-

Order 2 Rule 3  

In view of Rule 3 Order 2 a plaintiff can unite several  cause of actions against the same defendant or some defendants jointly. But this is subject to the provision of Order 2 Rule 2 and Section 11Explanation IV. (1)  No question of convenience or inconvenience is material under R.3. (Mohd. Esmailj v. Abdul Majeed, AIR 1954 All 455).At the same time the law has invested the court under Rule 6, with power to try or dispose of the different cause of action in one suit. But this privilege of ordering the trial t be split up into two or more  trials is given alone. The defendant can not claim it as a matter of right. If the court does not find it inconvenient to try the suit as brought, the plaintiff is certainly entitled to continue the suit in the form in which he has filled it.

(2)  Secondly, the court should have jurisdiction in respect of all the cause of action involved.

(3) Under Rule 3 a plaintiff can not join in the same suit several causes of action against several defendants unless they are jointly interested in separate cause of action.

(4) What is permitted under this rule  is not only joinder of cause of action against the same defendants or same defendants but also joinder of cause of action against different defendants , if the plaintiff is able to bring  his case within the purview  of Order 1 Rule 3,(Asmalbai v. Esmailj, AIR 1964 Guj 174).

(5) For the application of Order 1, Rule 3 and Order 2 Rule3, there must be “common question of law and fact” and also  “the same act or transactions” in respect of which the alleged right to relief arises.(Nagendra Bala v. Provash Chandra, AIR 1953 Cal 185 (DB))

Mis-Joinder of Cause of Action

As provided in Section 99 and order II, rule 7, the mis-joinder  is treated only as an irregularity and no suit  can be dismissed on the mere ground of mis-joinder of cause of action. A plea of mis-joinder can be raised in appeal as a ground for reversing the a decree or for remand of the case, unless it has  affected the merit of the case or the jurisdiction of the court.  ( Ramdhan Puri v. Lachami Narain, 1937 PC 42).

Objection as to mis-joinder of cause of action

A suit was filed for partition and eviction  of tenants. The suit was not maintainable because of mis-joinder of cause of action and parties( Dwarka Pd. V, Kashan lal AIR 1986 All 174)

An objection as to the mis-joinder of cause of action was not raised either in written statement or event at the time of framing an issue or subsequently during the pendency of suit. It could not be allowed to be raised in appeal (Davesh Chander Gupta v Dina Nath, AIR 1992 All 115) 

    Non Disclosure of cause of action

Order 7 rule 11. Rejection of Plaint:- The plaint shall be rejected  in the following cases:-

(a)             Where it does not disclose cause of action.

The plaint has to be rejected on the ground that it does not disclose a cause of action and it is abuse of process of court. (S.M.P. shipping Service Pvt. Ltd. V. World Tanker Carrier Corporation; AIR 2000 Bom. 34).

A cause of action must include 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 and Educational Charitable Society v. Ponniamman Educational Trust, AIR 2012 SC 3912)