SUPREME COURT OF INDIA – CAUSE OF ACTION ARISES WHEN THE REAL DISPUTE ARISES I.E. WHEN ONE PARTY ASSERTS AND THE OTHER PARTY DENIES ANY RIGHT
Supreme Court of India
Date of Judgement: 12.02.2016
It shall now be consider the settled law on the subject i.e., cause of action. This Court in a catena of judgments has laid down that the cause of action arises when the real dispute arises i.e. when one party asserts and the other party denies any right. The cause of action in the present case is the claim of the respondent/claimant to the determination of base year for the purposes of escalation and the calculation made thereon, and the refusal of the appellant to pay as per the calculations.