Constitution of India, 1950: Article 226(2).

"Cause of action"-Meaning of-Held: The material facts which are imperative for the plaintiff/petitioner to allege and prove in order to obtain a judgment in his favour constitute the cause of action-However, the entire bundle of facts pleaded need not constitute a cause of action as what is necessary to be proved before a petitioner can obtain a decree is the material facts also known as integral facts.

"Cause of action"-Accrual of-Appellate or revisional order-Place where passed-Held: As the order of the appellate authority constitutes a part of the cause of action, a writ petition or suit is maintainable at both the places i.e. the place where the original order was passed and also the place where the appellate or revisional authority is constituted.

"Cause of action"-"Wholly or in part"-Forum convenience-Choice of forum-Held: Indisputably even if a small fraction of the cause of action accrues within the jurisdiction of the Court, the Court will have jurisdiction in the matter-But the same by itself may not be considered to be a determinative factor compelling the High Court to decide the matter on merits-However, when a part of the cause of action arises within the jurisdiction of one or the other High Court, it is for the petitioner to choose his forum.

"Cause of action"-Situs of-legislation/subordinate legislation/delegated legislation-Validity of-Challenge to-Parliamentary Act-Constitutionality of-Writ petition filed before the High Court of Delhi- Questioning of-Maintainability of-Held: A distinction between a legislation and an executive action must be borne in mind while determining whether a cause of action arose at a particular place-Passing of a legislation by itself does not confer any such right to file a writ petition-Situs of office of Parliament, legislature of a State or authorities empowered to make a subordinate legislation would not by itself constitute a cause of action-It is well settled that a writ court would not determine a constitutional question in a vacuum-Hence, such a writ petition not maintainable in the High Court of Delhi only because the seat of the Union of India is in Delhi.

Territorial jurisdiction-Facts necessary to decide-Writ petition--Entertaining of-Held: The question whether the Court has territorial jurisdiction to entertain a writ petition or not must be arrived at on the basis of averments made in the petition, the truth or otherwise thereof being immaterial.

Writ petition-Questioning the constitutionality of a Parliamentary Act-Order passed by High Court-Applicability of-Held: Whether such an order is interim or final, keeping in view the provisions contained in Art. 226(2), it will have effect throughout the territory of India, subject of course to the applicability of the Act.

 Code of Civil Procedure, 1908:

Section 20(c)-lnterpretation of-Decisions rendered by Supreme Court on-Applicability to writ petition-Held: S. 20(c) and Art. 226(2); being tn pari materia, the decisions of the Supreme Court rendered on the interpretation of S. 20(c) shall apply to writ proceedings also. 

Words & Phrases:

"Cause of action"-Meaning of-In the context of Art. 226(2) of the Constitution of India, 1950.

 Doctrines:

Doctrine of Forum Conveniens-lnvoking of.