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Facts constituting the cause of action

THE acts and omissions of the parties prior to the filing of the Suit; and nature of legal obligations voluntarily / or under the law, incurred by the parties against each other, ordinarily may constitute “Material facts of the Case”; and these bundle of material facts constitute cause of action.

Broadly speaking, Cause of action has two dimensions, one, the accrual of cause of action, i.e. that moment of time when the rights of the Person is infringed and such infringement of right entitles him to move the Court of law, although he may choose not to move the Court immediately; like for example, a Persons sells goods and raise Invoice, dated 01.01.2014, and where the terms of payment agreed was 7 days from the date of Invoice; and therefore, if the payment is not made by 08.01.2014 (7 whole days would be calculated from 02.01.2014 to 08.01.2014), the Seller will have accrual of “Cause of action” on 09.01.2014; And second, cause of action means, the bundle of facts which are necessary (sufficient) to prove by the Party claiming certain reliefs from the court.

From the second definition, it also follows that the said Party is not obliged to prove every fact which is being “disputed” by the opposite party (adversary)t; and he is required to prove only those facts which are “necessary”, in order to support his right to the judgment of the Court.


Sandeep Jalan
Advocate
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