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 liability founded on a negotiable or nonnegotiable note payable on demand or after date with no specific maturity date specified in the note, and the last element constituting a cause of action against any endorser, guarantor, or other person secondarily liable on any such obligation or liability founded on any such note, is the first written demand for payment, notwithstanding that the endorser, guarantor, or other person secondarily liable has executed a separate writing evidencing such liability.
Cause of action, as explained by the Privy Council in Mohammad Khalil Khan case
means the Media through which the plaintiff seeks to persuade the Court to grant
him relief. It could, therefore, be said to be the factual and legal basis or premise upon which the Court is invited by the plaintiff to decide the case in his favour. It is also clear that the cause of action, in both the suits, must be identical. In order that it be identical, what matters, is the substance of the matter.[PRAMOD KUMAR & ANR. VERSUS
ZALAK SINGH & ORS. CIVIL APPEAL NOs. 1055 of 2019]
