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Cause of action in the later suit must be the same as in the first suit
Cause of action in the later suit must be the same as in the first suit
O. 2 R. 2(2) and (3) - Applicability of – Cause of action in the later suit must be the same as in the first suit
The cardinal requirement for application of the provisions contained in Order II Rule 2(2) and (3), therefore, is that the cause of action in the later suit must be the same as in the first suit. It will be wholly unnecessary to enter into any discourse on the true meaning of the said expression, i.e. cause of action, particularly, in view of the clear enunciation in a recent judgment of this Court in the Church of Christ Charitable Trust and Educational Charitable Society, represented by its Chairman v. Ponniamman Educational Trust represented by its Chairperson/Managing Trustee [JT 2012 (6) SC 149]. The huge number of opinions rendered on the issue including the judicial pronouncements available does not fundamentally detract from what is stated in Halsbury's Law of England. (4th Edition)
The following reference from the above work would, therefore, be apt for being extracted herein below: “Cause of Action” has been defined as meaning simply a factual situation existence of which entitles one person to obtain from the Court a remedy against another person. The phrase has been held from earliest time to include every fact which is material to be proved to entitle the plaintiff to succeed, and every fact which a defendant would have a right to traverse. „Cause of action‟ has also been taken to mean that particular action the part of the defendant which gives the plaintiff his cause of complaint, or the subject-matter of grievance founding the action, not merely the technical a cause of action.” (M/s. Virgo Industries (Eng.) P. Ltd. Vs. M/s. Venturctech Solutions P. Ltd.; 2012(6) Supreme 557)
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