Cause of Action

What is Cause of Action?

Cause of actions refers to a set of facts that establish a legal claim enforceable in court. It can be considered the first step of litigation. It refers to a set of predefined factual elements that allow for a legal remedy. Such factual elements can arise from the Constitution, statute, judicial precedent, or an administrative regulation. It broadly comprises of 2 elements:

• Cause (violation of a legal right)
• Action (right to enforce legal claim in court)

Cause of action for a suit can be described as its raison d’etre (French for ‘reason to be’) or the factual circumstances which led to the institution of the suit. Cause of action includes the whole of the material facts which is necessary for the plaintiff to allege and prove in order to succeed and get relief.

Official Definition

Cause of action does not have an official definition per se, however it is introduced and mentioned as a concept in certain legal provisions.

Civil law

Section 20 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘Code’) introduces the concept of cause of action in respect of a civil suit. It refers to the incidents or facts that led to the dispute between the parties. Cause of action determines the place of litigation as Section 20 vests the jurisdiction to decide the case in a court where the cause of action arises, wholly or in part.

Order II Rule 2 of the Code reflects the fact that a cause of action is essential to a suit. Mentioning the cause of action in pleadings is a non-derogable prerequisite under the Order II Rule 2 and Order VII Rule 1 of the Code. The Code, under Order VII Rule 11 provides that the plaint can be rejected if the cause of action is not disclosed.

Criminal law

Cause of action, although not explicitly, is referred to in Section 177 of the Code of Criminal Procedure, 1973 (now Section 197 of the Bharatiya Nagarik Suraksha Sanhita, 2023) wherein reference is made to the local jurisdiction where the crime was committed and confers power of trial to court within this jurisdiction.

Case laws

In a UK case Cooke v Gill, Lord Brett made the observation that “cause of action means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court”.

In the context of Article 226(2) of the Constitution, the Supreme Court in State of Rajasthan v. Swaika Properties, interpreted the expression ‘cause of action wholly or in part arises’, to mean every fact the plaintiff must prove to establish their right to judgment. It does not include every piece of evidence but only the facts that need to be proven.

It can be said to be a group of operative facts giving rise to one or more bases for suing or a factual situation that entitles one person to obtain a remedy in court from the other person, as was held in Navin Chandra v. State of Maharashtra.

The court reiterated the well settled position that the expression 'cause of action' means that bundle of facts which the petitioner must prove which, if traversed would entitle him to a judgment in his favour in the case of Oil and Natural Gas Commission v. Utpal Kumar Basu & Anr.

The term has also been interpreted by the judiciary over time. In South East Asia Shipping v. Nav Bharat Enterprises, the Supreme Court held that cause of action is essentially a bundle of facts which initially led to the genesis of the dispute, which in turn led to the plaintiff obtaining a right in law to approach the court for legal redress.

Research that engages with cause of action

• “Examining the Concept of 'Cause of Action' in India” by Tarun Jain The paper explores the concept of cause of action through precedents and legal provisions. It distinguishes between legal and equitable claims, outlining the elements required for each. Courts have consistently adhered to the interpretation that "cause of action" includes all facts necessary for a plaintiff to seek relief, but not the evidence required to prove them. The paper places emphasis on the pivotal role cause of action plays in initiating and establishing a claim, and traces its influence on procedural aspects.
• “A Laudatory Publication as a Cause of Action” The paper gives a glimpse of the idea of cause of action in the United States of America. It reinforces the idea that a cause of action can arise even from seemingly positive statements if they are malicious and injurious, through key cases. The paper illustrates the adaptability of legal systems in addressing new forms of harm which gives rise to new types of causes of action, such as reputational damage from false publications.