Tag: Cause of Action

Whether a Court is competent to reject the Plaint when it failed to state material facts

Order VI Rule 2 (1) of the Code states the basic and cardinal rule of pleadings and declares that the pleading has to state material facts and not the evidence. It mandates that every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

The embargo in Order II Rule 2 will arise only if the claim, which is omitted or relinquished and the reliefs which are omitted and not claimed, arise from one cause of action but If there is more than one cause of action the rule shall not apply

Pramod Kumar & ANR. Vs. Zalak Singh & Ors. – MAY 10, 2019 – The principle underlying Order II Rule 2 is that no man can be vexed twice over the same cause of action. All claims and reliefs, which arise from a cause of action, must be comprehended in one single suit. Order II Rule 2 provides for the principle of repose. If this be the underlying object of Order II Rule 2, the fact that at the time when the first suit was filed even though the second alienation could be challenged and it stemmed from one single cause of action and not two different causes of action, the mere fact that a different period of limitation is provided, cannot stand in the way of the bar under Order II Rule 2.

Cause of action

A cause of action accrues when the last element constituting the cause of action occurs. For the purposes of suit, the last element constituting a cause of action on an obligation or […]

What would constitute material facts and material particulars

what would constitute ‘material facts’ and ‘material particulars’ and ultimately it is the facts of each case which will be relevant for determination as to whether the election petition was fit to be rejected on the plea of lack of material facts and material particulars or it was fit to be entertained if the same disclosed a cause of action for consideration by the Court.