cause of action
amarendra
(Querist) 16 October 2009
This query is : Resolved
inaction on the part of state to notice u/s80 cpc. amounts to cause of action , no actual act need to be proved by pltff in order to establish cause of action.if any case law? pls provide.
Kiran Kumar
(Expert) 16 October 2009
Amarendra Ji, there is no necessasity to quote any law in such type of situation.
the simple proposition is in order to remove your grievance you issued notice to the State which has not been answered by the state therefore lack of performance of legal duty by the state, this itself provides you cause of action for filing suit....with all just exceptions like your suit is not maintainable or you have no locus standi or the suit is otherwise barred.
amarendra
(Querist) 16 October 2009
kiran ji thanks but my problem is the cout insisting for a rulling
J K Agrawal
(Expert) 16 October 2009
Dear Mr Amrendra
Cause of action arises as soon as a person acquires a right sue other to get a relief. To give a notice and seek remedy is only a try to get resolved the matter out of court. It makes no difference that your notice is entertained or not.
In other words understand that time of limitation start to run as soon as a cause of action arises. A notice or its action or its inaction does not give fresh limitation and running of time does not stop.
Summarily, notice, its action or its inaction does not creat a fresh cause of action.
I think following rulings are sufficient. So many other rulings are there and you will find it easily.
Steel authority of india limited vs. J. C. Budharaja,government and mining contractor AIR 1999 SC 3275 , 1999-SCC-8-122 , 1999 (TLS)31288
Major (Retd.) Inder Singh Rekhi v. Delhi Development Authority (1988) 2 SCC 338 : (AIR 1988 SC 1007)
Raj Kumar Makkad
(Expert) 17 October 2009
I totally disagree with the opinion of Kiran and fully agree with Aggarwal. The service of notice and its non-reply doesn't provide any cause of action in favour of plaintiff rather it is already established cause of action which gives an opportunity to file the suit. The legal notice is a formality as provided under section 80 of CPC so it doesn't give cause of action to file suit. The law is clear in this respect.
Sachin Bhatia
(Expert) 17 October 2009
Agree with Mr.Kiran & Mr.Raj
yogesh
(Expert) 17 October 2009
Under 8O CPC Notice needs to be served before making pleading before the court
Khaleel Ahmed Mohammed
(Expert) 19 October 2009
It is a mandatory notice to be served before sue against any Government or public authority.
