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