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1 - 10 of 14 (0.31 seconds)Section 20 in The Code of Civil Procedure, 1908 [Entire Act]
M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr on 28 April, 2004
21. Therefore, the word cause of action assumes importance. The word 'cause of action' finds a place in Section 20(c) of the Code of Civil Procedure and has been the subject matter of interpretation by the Supreme Court as well as the various High Courts. The Supreme Court in the case of Kusum Ingots & Alloys Limited v. Union of India, (2004)6 SCC 254 : (AIR 2004 SC 2321) dealing with the application of provisions of CPC to the writ proceedings, in particular Section 20(c) of the CPC held that, although in view of Section 141 of CPC the provisions thereof would not apply to writ proceedings, the phraseology used in Section 20(c) of CPC and Clause (2) of Article 226 being in pari materia, the decisions of the Supreme Court rendered on interpretation of Section 20(c) CPC shall apply to the writ proceedings also.
Oil & Natural Gas Commission vs Utpal Kumar Basu on 23 June, 1994
Interpreting Article 226(2), the Supreme Court in the case of Oil and Natural Gas Commission v. Utpal Kumar Basu, (1994) 4 SCC 711 at page-713 : (1994 AIR SCW 3287) held that under Article 226 a High Court can exercise the power to issue directions, orders or writs for the enforcement of any of the fundamental rights conferred by Part-III of the Constitution or for any other purpose if the cause of action, wholly or in part, had arisen within the territories in relation to which it exercises jurisdiction, notwithstanding that, the seat of the Government or authority or the residence of the person against whom the direction, order or writ is issued is not within the said territories. Explaining the meaning of the word "cause of action" it was held that the expression "cause of action" means that bundle of facts which the petitioner must prove, if traversed, to entitle him to a judgment in his favour by the Court. Therefore, in determining the objection of lack of territorial jurisdiction the Court must take all the facts pleaded in support of the cause of action into consideration albeit without embarking upon an enquiry as to the correctness or otherwise of the said facts. The territorial jurisdiction must be decided on the facts pleaded in the petition, the truth or otherwise of the averments made in the petition being immaterial.
Union Of India & Ors vs Adani Exports Ltd. & Anr on 31 October, 2001
16. The Supreme Court in the case of Union of India v. Adani Exports Ltd., (2002) 1 SCC 567 : (AIR 2002 SC 126) held that the High Court must be satisfied from the entire facts pleaded in support of the cause of action that those facts do constitute a cause so as to empower the Court to decide a dispute which has, at least in part, arisen within its jurisdiction. Each and every fact pleaded, ipso facto do not lead to the conclusion that those facts give rise to a cause of action within the Court's territorial jurisdiction unless those facts pleaded are such which have a nexus or relevance with the lis that is involved in the case. Facts which have no bearing with the lis or the dispute involved in the case, do not give rise to a cause of action so as to confer territorial jurisdiction on the Court concerned.
National Textile Corpn. Ltd. & Ors vs M/S Haribox Swalram & Ors on 5 April, 2004
17. The Supreme Court in the case of National Textile Corporation Ltd. v. Haribox Swalram, (2004) 9 SCC 786 : (AIR 2004 SC 1998) observed that cause of action as understood in civil proceedings means every fact which, if traversed, would be necessary for the plaintiff to prove in order to support his right to a judgment of the Court. It is the bundle of facts which taken with the law applicable to them, gives the plaintiff a right to relief against the defendant. Each and every fact, pleaded in the writ petition does not ipso facto lead to the conclusion that those facts give rise to a cause of action within the Court's territorial jurisdiction unless those facts pleaded are such which have a nexus or relevance with the lis or dispute involved in the case.