Cause of action
1 The true test to determine when a cause of action has accrued, is to ascertain the time when plaintiff could first have maintained his action to a successful result:
2 Legal Principle – accrual of Cause of action in whole or in part - territorial jurisdiction of Courts – Parties by Agreement may oust jurisdiction of some Courts, which otherwise have Jurisdiction:
3 Legal Principle – Whether Plaint discloses Cause of Action - Averments in the Plaint are decisive and not Written Statement or any other proceedings:
4 Legal Principle – Whilst deciding Application to Reject Plaint on the grounds that it fails to disclose Cause of Action – the Courts may delve into whether Cause of action is Real or Illusory:
5 Legal Principle - Plaint fails to disclose Cause of Action - or - the existence of Cause of action - distinction of:
6 Legal Principle - Rejection of Plaint - failure to disclose Cause of action - The test whether if the averments made in the plaint are taken to be correct in its entirety, a decree could be passed:
7 Legal Principle - Rejection of Plaint on the grounds of failure to disclose Cause of action - the right which is sought to be enforced must be recognized under the law:
8 Legal Principle - Rejection of Plaint - failure to disclose Cause of action - the right which is sought to be enforced must be recognized under the law – qua Copy rights / Design Act:
9 Legal Principle - Rejection of Plaint -failure to disclose Cause of action - Infringement of Right must be clearly spelled out in the Plaint - the right must be recognized under the law:
10 Legal Principle - Rejection of Plaint - failure to disclose Cause of action – Injunction Suit – failure to show present right to occupy – even temporary Injunction cannot be granted:
11 Legal Principle - Rejection of Plaint on the grounds of failure to disclose Cause of action – complaining the loss of air and light - Sufficiency of pleadings:
12 Legal Principle – Filing of Civil Suit for damages for Defamation, on the ground of imputations made in the Criminal Complaint filed against the Plaintiff – Such Claims not maintainable:
13 Legal Principle - Rejection of Plaint on the grounds of failure to disclose Cause of action - Subsequent event may be taken into consideration to see if the Cause of action survive:
14 Legal Principle - Rejection of Plaint on the grounds of failure to disclose Cause of action - Omission of a single material fact leads to an incomplete cause of action:
15 Legal Principle - Rejection of Plaint on the grounds of failure to disclose Cause of action - Assertion of any fact must have legal basis:
16 Legal Principle - A Plaint can be rejected on the grounds that the concerned Party has failed to place on record basic foundational documents, on which he has founded his claim:
17 Legal Principle - A Plaint can be rejected where the documents which are placed on record does not support the case of the Plaintiff:
18 Legal Principle - Rejection of Plaint - If part of the Relief can be granted – Plaint cannot be rejected:
19 Legal Principle - Rejection of Plaint qua certain Defendants permissible:
20 Legal Principle - Application for Rejection of Plaint on the grounds of failure to disclose Cause of action - The Application must be decided before going for trial:
21 Legal Principle - Application for Rejection of Plaint on the grounds of failure to disclose Cause of action - Written Statement may not be filed by the Defendant:
22 Legal Principle - Application for Rejection of Plaint on the grounds of failure to disclose Cause of action - Application can be taken out at any stage of the Suit:
23 Legal Principle - The lacunae in the disclosure of material facts / Pleadings of material facts can be filled up by amending the Plaint:
24 Legal Principle - Application for Rejection of Plaint - Non disclosure of Cause of action – When such Application is Allowed - Remedy is First Appeal:
25 Legal Principle - Ceasing of Cause of action during the course of trial or even after passing of decree - Application for Rejection of Plaint maintainable:
26 Legal Principle - Rejection of Plaint - When Court comes to the conclusion that the Reliefs claimed cannot be granted, the Suit should be dismissed:
27 Legal Principle - Locus to Criminal prosecution - Any person can set the criminal law into motion, except in cases where the Law stipulates otherwise:
28 The issue of encroachment Of a Govt Land must be decided as a preliminary issue, as to the maintainability of the Suit.
29 In an Application under Order VII Rule 11(d) of CPC, the entire Plaint have to be rejected, and plaint cannot be rejected in respect of some of the Defendants, or in respect of some of the properties.
30 A Members of a Political party (who is not at the helm of affairs) has no locus to file criminal Complaint for alleged defamation of its Political party.
31 Powers of Court to have a close scrutiny of the Plaint / Claim of the Plaintiffs while exercising jurisdiction under Order 7 Rule 11 Application or at the admission stage of the litigation.
32 A Party cannot seek such reliefs that prevents its adversary from seeking remedy available under the law.
33 The rights, which have crystallized on the date of filing of suit, is enforceable, although such rights may have been taken away post filing of Suit.
34 If Cause of action surviving by virtue of a statutory right, the subsequent Suit on same Cause of action is maintainable, although earlier Suit was dismissed for default under O.IX R.9 of CPC, 1908.
35 Article 226(2): Accrual of part of Cause of Action, so as to confer jurisdiction upon High Court to exercise Writ Jurisdiction upon Respondents situate beyond its territorial jurisdiction.
36 The Cause of action cannot be renewed by making repeated representation.
37 The Cause of action based on new facts, not hit by Res Judicata.
38 To maintain a valid legal action, the Plaint must disclose a clear right, which is alleged to have been infringed, or likely to be infringed.
39 Cause of action comprises of such set of facts which must be proved, to claim judgment in one’s favour: