IMPORTANCE OF CAUSE OF ACTION
It is a centre of the suit i.e. it will revolve around the parties. Cause of action is the bundle of fact which together established the right of plaintiff to claim relief from the court .it consists of the following things:-
1 Substantive law right existing in the plaintiff.
2 The violation of that right by the defendant.
Cause of action is a pivot of the entire suit as all the factors such as settlement of issue, the evidence to be taken up on and the judgment to be pronounced and also the settlement of matter in issue etc. is all depends upon cause of action.
It is essential that the cause of action shall be clearly disclosed by the plaintiff and also the burden of proof lies upon the plaintiff to prove his cause of action beyond doubt. if cause of action has not been proved through the opportunity to prove cause of action was giving to the plaintiff that suit will be dismissed and said dismissal will be dismissal up on merits.
However the plaintiff does declare clearly or at all his cause of action then the plaint will be reject under order 7 rule 11(1)(A). In case of dismissal up on merits the plaintiff will not be able to Institute fresh suit on the same cause of action as res- judicata will apply. However in case of rejection of plaint the plaintiff is free to Institute fresh fruit on the same cause of action with fresh court fee subject to the period limitation.
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