Answer to Question: Cause of Action (Section 2, CPC)
I. Definition of Cause of Action
A. Section 2 of the Civil Procedure Code (CPC) defines the term ‘Cause of Action’ as the circumstances or facts that give rise to a right to sue. It is the foundation of the plaintiff’s lawsuit.
II. Elements of Cause of Action
- Legal Right: The existence of a legal right vested in the plaintiff.
- Violation of Right: An act or omission by the defendant that violates or infringes upon this legal right.
- Resultant Damage: The violation or infringement must result in damage or harm to the plaintiff, which can be redressed through legal means.
III. Importance in Civil Litigation
A. Determines Jurisdiction: The cause of action determines the jurisdiction of the court. A suit is instituted where the cause of action arises. B. Basis for Suit: It forms the basis of the plaintiff’s claim and the subsequent legal proceedings. C. Impact on Suit: Without a valid cause of action, a civil suit cannot proceed. If the cause of action does not exist, the suit may be dismissed.
In conclusion, the concept of ‘Cause of Action’ under Section 2 of the CPC is pivotal in civil litigation. It encompasses the essential facts and legal reasons due to which the plaintiff brings the suit against the defendant. It forms the basis for the court’s jurisdiction and the legitimacy of the plaintiff’s claim in a lawsuit.