Law: Civil Procedure Code (V of 1908)

Section: 0. 11, R.2

(a) Civil Procedure Code (V of 1908)-------0. 11, R.2---Maxim "nemo lis vexavi" (no one was twice vexed for the same cause of action)--- "Cause of action" ---Concept and meaning---Cause of action is not susceptible of a definition which is either unchanging or all inclusive--Meaning of cause of action depends, in large measure, on the context in which expression is employed---Investiture of a legal right arises from and depends upon operative facts and circumstances which, under the law, create the right, preserve it, and such creative facts and circumstances constitute a "cause of action".The Civil Procedure Code does not define the cause of action. But it is based on the maxim "nemo lis vexavi" (no one was twice vexed for the same cause of action)."Cause of action" is the existence of those facts which give a party a right to judicial interference in this behalf.A cause of action is not formal statement of facts stated in petition, but subject-matter on which plaintiff grounds his right to recover.Cause of action refers entirely to the ground set out in the plaint as the cause of action or in other words to the media upon which the plaintiff asks the Court to arrive at a conclusion in his favour.A "cause of action" is the entire set of facts that gives rise to an enforceable claim; embraces every fact which, if traversed, the plaintiff must prove in order to obtain .Every valid cause of action must involve a right possessed by plaintiff and duty devolving upon defendant to observe that right; a wrong done by defendant which results in breach of defendant's duty and violation of plaintiff's right; a remedial right recognised by the law in favour of plaintiff and corresponding reciprocal duty resting on defendant; and finally the relief to be rendered by the Court."Cause" is not a technical word, ... ...it is causa jurisdictionis, any suit, action, matter or other similar proceeding competently brought before and litigated in a particular Court.In fact the cause of action is not susceptible of a definition which is either unchanging or all inclusive and its meaning depends, in large measure, on the context in which it is employed. Thus, the investiture of a…