The plaint has to be rejected on the grounds that it does not disclose a
cause of action and it is an abuse of process of Court. In order to appreciate
the rival submission of the Ld counsel on this point,it would be necessary to
reproduce the relevant Provisions of the Code of Civil Procedure.
The valuation of the suit being directly linked with the jurisdiction of the
Court - Held , issue of valuation to be decided as preliminary issued unless the
suit is pending in the court of unlimited jurisdiction (pecuniary).
Cause of action is a bundle of facts which taken with the Law applicable to them
gives the plaintiff right to relief against the defendant.
Every fact which is
necessary for the plaintiff to prove to enable him to get a decree should be set
out in clear terms. A cause of action must include some act done by the
defendant since in the absence of such an act no cause of action can possibly