Examining the Concept of 'Cause of Action' in India

13 Pages Posted: 30 Jan 2008

Date Written: December 1, 2007

Abstract

This paper makes an analysis of the 'cause of action' as a concept of practical usage and understanding as instrumental in drafting of and filing of legal claims in judicial forums. Cause of action, as properly understood, reflects the reason for grievances which have been unsettled in so much so that a claim is filed in a court of law for their redressal. As the redressal in the court would be based upon the whether the grievance can be justified given the provisions of law, the cause of action must also purport to raise a legal claim, sans which the action would fail.

The scope of this paper is essentially confined to the Indian legal context for it depends more on the procedural laws and it is the Code of Civil Procedure, 1908 of India which has been examined for the analysis of this concept.

Keywords: Cause of Action, Civil Procedure, India, Law

JEL Classification: K10, K40

Suggested Citation

Jain, Tarun, Examining the Concept of 'Cause of Action' in India (December 1, 2007). Available at SSRN: https://ssrn.com/abstract=1087352 or http://dx.doi.org/10.2139/ssrn.1087352

Tarun Jain (Contact Author)

Supreme Court of India ( email )

New Delhi
India

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