Sunday, June 4, 2023

How Cause of action arises

 How cause of action arises : An suit gives raise to either one cause of action or many causes of action. It is a bundle of facts. Thus it is cause of suit. In Pittapur Raja Vs. Suriya Rau the Privy Council held that the term meant “the cause of action for which the suit was brought”. Generally it means “every fact which is necessary to establish to support a right or obtain a judgment. It means every fact which will be necessary for the Plaintiff to prove (if traversed). Whenever a new party is added the Petitioner has to seek consequential amendment provided under Rule 28 Civil Rules of Practice. Sometimes parties need to be transposed. . It is said in execution proceedings there can be no adding of parties . These are some instances of parties to the suit. 

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