KassyD (Student) 24 May 2011
A party files a case and the cause of action mentioned in the Plaint is based on a falsehood. He manages to get temporary relief until the case is decided.
Now when it comes to the hearing - in her examination in chief she does not once make any reference to the casue of action (obviously because her case was false). How can and should the opposite side tackle this ommission?
DR.SANAT KUMAR DASH (Eye Specialist) 24 May 2011
It will be very difficult to stand..............................My Dear.
G.Nagarajeshwar Rao (Advocate) 24 May 2011
The defendant should plead in his written statement as the cause of action is false. The defendant should put such questions to the plaintiff in his / her cross examination. Bring the fact to the court notice, then the suit will be dismissed. There should be issue with regarding to the cause of action [like - whether the suit is filed without cause of action?], if there is no such issue you can file a petition for recasting the issues for framing appropriate issue in the suit.
Ajay kumar singh (Advocate) 24 May 2011
I would like go with Mr. G. N. Rao.
amarendra (lawyer) 25 May 2011
most of the lower courts commit the same kind of mistake . the real meaning of cause of action is not the date or occurance described in the plaint rather it is the bundle of facts containd in plaint which taken with law applicable to them gives the plaintiff a right to relief against the dfndt. AIR 2005 (sc) page-2392
KassyD (Student) 25 May 2011
Thanks amarendra, that makes complete sense to me now :)
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