Suit for Different Cause of Action: How Far Maintainable?

It is a trite law that a judgement and order passed by the court having no territorial jurisdiction would be a nullity. The provisions of Code of Civil Procedure, 1908, govern determination of territorial jurisdiction of a Civil Court. Section 20 of the Code provides that the suits which do not come within the purview of Section 16 to 19 of the Code are to be instituted where the defendants reside or cause of action arises. Cause of action is a bundle of facts, which are necessary to be proved in a given case. If it arises within the jurisdiction of the court concerned it empowers the court to entertain the matter. Order II Rule 3 of the Code further provides that the plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly. By necessary implication, a cause of action for infringement of Copyright and a cause of action of action for infringement of Trade Mark or a cause of action of passing off would be different. The