Monday, 11 January 2021

Rajasthan High Court Advocates’ Association v. Union of India & Ors

 

In Rajasthan High Court Advocates’ Association v. Union of India & Ors., AIR 2001 SC 416, the Supreme Court considered the question of territorial jurisdiction of the Principal Seat of the Court at Jodhpur and the Bench at Jaipur and explained the meaning of “cause of action” observing as under:-

“The expression ‘cause of action’ has acquired a judicially settled meaning. In the restricted sense, ‘cause of action’ means the circumstance forming the infraction of the right or the immediate occasion for the action. In the wider sense, it means the necessary conditions for the maintenance of the suit, including not only the infraction of the rights, but the infraction coupled with the right itself. Compendiously the expression means every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court. Every fact which is necessary to be proved, as distinguishing from every piece of evidence which is necessary to prove each fact, comprises in a ‘cause of action.’ It has to be left to be determined in each individual case as to where the cause of action arose.”

No comments:

Post a Comment