Same Cause of Action
Same Cause of Action
Definition:
The term "Cause of Action" refers to the bundle of facts or the set of circumstances which gives a person a right to sue another in a court of law. It is essentially the reason or grounds upon which a legal action is based.
The phrase "Same Cause of Action" means that the facts and circumstances alleged in two or more suits or claims arise from the same transaction or series of transactions and give rise to the same legal right to sue.
Why is "Same Cause of Action" Important?
It prevents multiple lawsuits over the same matter, saving judicial time and avoiding harassment to parties.
It is a fundamental principle behind res judicata (the thing has been decided) and avoidance of multiplicity of litigation.
It helps courts determine whether a second suit can be entertained or dismissed as barred by res judicata or issue estoppel.
Key Elements of Cause of Action:
Factum probandum (facts that need to be proved by the plaintiff).
Factum probans (facts that constitute the foundation for proof).
The cause of action is the entire set of facts which the plaintiff must prove to succeed.
Legal Tests to Determine Same Cause of Action:
Do the suits arise out of the same transaction or series of transactions?
Do the suits involve the same parties or their representatives?
Do the suits assert the same right or claim?
Are the reliefs sought based on the same factual foundation?
If the answers are affirmative, then the suits are said to be based on the same cause of action.
Statutory Context:
The doctrine appears in various provisions of the Code of Civil Procedure (CPC), e.g., Section 10 (Res judicata), Section 11 (Preventing multiplicity of suits).
Under Order 2 Rule 2 CPC, a plaintiff must include all claims arising from the same cause of action in one suit.
Under Section 11 CPC, if a matter has been adjudicated, a subsequent suit on the same cause of action between the same parties is barred.
Important Case Laws on Same Cause of Action
1. K.K. Verma v. Union of India (1964 AIR 1238 SC)
The Supreme Court defined cause of action as “the bundle of facts which it is necessary for the plaintiff to prove in order to support his right to a decree.”
It emphasized that the cause of action includes both the right and the remedy.
2. Vishnu Ramchandra v. State of Maharashtra (1972 AIR 2520 SC)
Clarified that cause of action relates to the material facts necessary to be proved for the claim.
Held that the same cause of action means the same facts that entitle the plaintiff to bring the suit.
3. Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2006) 10 SCC 304
The Court laid down that cause of action must be determined on the basis of the entire set of facts.
If subsequent suits arise from the same facts or transaction, it amounts to the same cause of action and may be barred.
4. Meghal Coal Fields Ltd. v. Union of India (1986) AIR 1611 SC
The court observed that when the same right or interest is involved in two suits and arises from the same facts, the suits are based on the same cause of action.
5. Rajendran v. Bhatia (1999) 5 SCC 47
Emphasized that cause of action is not a single fact, but a bundle of facts forming the basis of the suit.
Illustration:
Suppose Party A sells goods to Party B and B does not pay.
If A sues B for price recovery, that is one cause of action.
If A sues again for damages for the same non-payment, it may be barred as it arises from the same cause of action.
Distinction: Cause of Action vs. Relief
Different reliefs can arise from the same cause of action.
For example, a suit for damages and a suit for specific performance can arise from the same cause of action (sale contract), but reliefs are different.
Summary Table
| Aspect | Explanation |
|---|---|
| Cause of Action | Set of facts necessary to prove right to sue |
| Same Cause of Action | Suits arising from the same facts or transactions |
| Legal Consequence | Prevents multiple suits; principle of res judicata applies |
| Key Test | Same facts, same parties, same right/claim, same relief basis |
| Distinction | Different reliefs may arise from same cause of action |
Practical Importance
Parties must include all claims from the same cause of action in one suit (to avoid barred suits).
Courts use this concept to dismiss repetitious or vexatious litigation.
Protects judicial resources and maintains finality.
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