Law: Civil Procedure Code (V of 1908)

Section: 10,11

Law: Specific Relief Act, 1877

Section: 42,54

(a) Civil Procedure Code (V of 1908)--- ----O. VII, Rr. 10 , 11---Term ‘cause of action’---Scope---’Cause of action’ means totality of material facts which are necessary for plaintiff to allege and prove in order to succeed---Cause of action consists of every fact which if traversed would be necessary for plaintiff to prove in order to support his right to and if not proven gives defendant a right to ---Expression ‘cause of action’ means bundle or totality of essential facts upon which plaintiff rests its claim against defendant---Cause of action is justification for instituting suit by plaintiff against defendant for seeking relief prayed for in the suit---Bundle or totality of essential facts, constituting cause of action, must be clearly pleaded in plaint because only facts stated in plaint are to be considered to determine whether such facts constitute cause of action or not---Plaintiff is required to show through his plaint that not only his rights has been infringed by defendant in a manner to entitle him to a relief against defendant but also when he approached Court, right to seek such relief was in existence---If cause of action accrued at more than one place or within territorial jurisdiction of more than one Court, suit can be instituted in any such Court having territorial jurisdiction in respect of such places---All such Courts have concurrent jurisdiction to entertain and adjudicate the suit---Question of maintainability of suit with reference to territorial jurisdiction vis- -vis cause of action accrued to a party for institution of such suit is to be judged only on the basis of averments made in plaint of that suit---Only prayer made in plaint and facts pleaded therein are to be considered while applying Rr. 10 , 11, O. VII, C.P.C. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 , 54---Civil Procedure Code (V of 1908), S. 20 (c) , O. VII, R. 10---Suit for declaration and injunction---Return of plaint---Territorial jurisdiction---Cause of action---Plaintiff company assailed at place ‘K’ decision made by Federal Government imposing some conditions---Defendant authorities sought return of plaint to be filed in Court at place ‘I’ having…

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