Cause of action

  1. Right to sue accrued to father of appellants and not to present appellants — Since he exhausted his remedies — No cause of action accrued to appellants after his death. Manzoor Ahmad Butt and 7 others v. Custodian of Evacuee Property and 7 others 1999 SCR 439 (D)
  2. Expression’ cause of action’ used in the Code in its general sense, refers to and signifies averment of fact or state of facts, giving rise to a claim or right of the plaintiff, against the defendant, sufficient to enable a Court in rendering a judgment or to grant relief — It excludes relief sought for and plea of defendant — It may mean facts or allegations, contemplating a claim or right and infringement of a right. Abdul Ghafoor and Brothers, Contractors  v. Natural Food and Reverage (Pvt) Ltd  and 2 others 2000 SCR 606 (C)
  3. Term ‘cause of action’ refers to every fact, which if traversed, it should be necessary for the plaintiff to prove in order to support his right to judgment and which, if not proved, gives the defendant a right to judgment and for this purpose, only the facts stated in the plaint are to be considered to determine whether they constitute a cause of action or not — Even a fraction of cause of action is a part of cause of action — If a fraction of cause of action accrues within the local limits of jurisdiction of a Court, that Court has the jurisdiction to entertain the suit. A. Ghafoor and Brothers, Contractors v. Natural Food and Reverage (Pvt) Ltd  and others 2000 SCR 606 (B)
  4. The proceedings in which the legal demand of a right is made, is called the ‘cause of action’ which refers to every fact, if traversed, it would be necessary for the plaintiff to prove in order to support his right to judgment and which if not proved, gives the defendant a right to judgment — The term ‘cause of action’ refers to the grounds on the basis of which the plaintiffs asks for a favourable judgment and is not related to the defence or the relief prayed for. Amanat Ali v. Sardar Bibi and 2 others 2002 SCR 265 (A)
  5. This term refers to every fact which if traversed, it should be necessary for the plaintiff to prove in order to support his right — It means the whole of material facts which are necessary for the plaintiff to allege and prove in order to succeed — Precisely the term ‘cause of action’ refers to ground on the basis of which the plaintiff asks for a favourable judgment. Ali Begum and 10 others v. Noor Hussain Khan 2003 SCR 30 (A)   
  6. The term ‘cause of action’ refers to every fact which if traversed, it should be necessary for the plaintiff to prove in order to support his right — The whole of material facts which is necessary for plaintiff to allege and prove in order to succeed — The ground on the basis of which the plaintiff asks for a favourable judgment — A cause of action is the sum total of all those allegations upon which the right to the relief claimed is founded — In determining as to what is a cause of action, one is not concerned as to what is nature of the defence that may be set up but he has not only to see what is alleged in the plaint — The facts that are alleged in plaint and which requre to be proved without proof of which the plaintiff would not be entitled to a judgment constitute the cause of action — Every such fact which is necessary to prove would form a part of cause of action. Khurshid Ahmed v. Sultan Habib & 50 others  2005 SCR 156 (B)
  7. Cause of action means necessary condition for the maintenance of suit including not only the infraction of the right, but the infraction coupled with the right itself. Mehboob Kashmiri & another v. Khurshid Ahmed & another 2011 SCR 492 (C)
  8.  determination of — R.Asmatullah Khan v. Qudratullah 2014 SCR 1537 (B) 2005 CLC 492  rel.
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