05 May 2020

Mere service of notice would not give rise to a cause of action

Cause of action' implies a right to sue. The material facts which are imperative for the suitor to allege and prove constitutes the cause of action. It has been interpreted to mean that every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. [Para No.20]

mere-notice-is-not-cause-of-action

   As cause of action is the bundle of facts to examine the issue of jurisdiction it is necessary that one of the interlinked fact must have occurred in a place where the case has been instituted. All necessary facts must form an integral part of the cause of action. The fact must have direct relevance in the lis involved. It is not that every fact pleaded can give rise to a cause of action so as to confer jurisdiction on the Court in whose territorial jurisdiction it has occurred.[Para No.21]


   Mere service of notice would not give rise to a cause of action unless service of notice is an integral part of the cause of action.[Para No.12]

Relied: State of Rajasthan vs. Swaika Properties, (1985) 3 SCC 217.


Allahabad High Court

Manish Kumar Mishra
Vs.
Union Of India

Decided on 01/05/2020


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