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Cause of Action : Act or omission by which a party violates the rights of another.
The fact or combination of facts which affords a party a right to judicial interference in his behalf.
- The case of action must unmistakably be stated or alleged in the complaint or that all the
elements of the cause of action required by substantive law must clearly appear from the mere
reading of the complaint,
- Where there is a defect or insufficiency in the statement of the cause of action, a complaint may
be dismissed not because of an absence or a lack of a cause of action but because the
- Failure to state a cause of action : The plaintiffs allegations are insufficient for the court to know
what the rights of the plaintiff are violated by the defendant.
- Reinstatement of the complaint and the hearing of the case for presentation of evidence by
the parties.