The Situs Theory applies when the cause of action arises wholly or in part within the territorial jurisdiction of the High Court.

Umesh Chandra Banerjee, J. : On a plain reading of clauses (1) and (2) of Article 226 of the Constitution it appear" that a Writ can be issued against a Government Authority if its seat is within the territorial jurisdiction of the High Court or the cause of action has arisen wholly or in part within the territorial jurisdiction of the High Court. The introduction of the situs theory and the part of cause of action in the main body of the Article cannot in any way be stated to be a restriction on to the user of jurisdiction. As regards the situs theory, no difficulty is experienced in the matter of interpretation by reason of the express language of the Article, viz., "throughout the territories in relation to which it exercises jurisdiction." : in so far as the meaning to be attributed to the expression "cause of action", a long catena of judicial pronouncements set forth such a meaning to the effect that the expression means "the bundle of facts which the petitioner must prove, if traversed, to entitle him to a judgment in his favour by the court".

2. It is, however, worthwhile to note that the Supreme Court in its recent pronouncement in the case of Oil & Natural Gas Commission, (1994) 4 SCC 711 has had the occasion to examine the expression once again and in that context the Supreme Court observed as follows :

"5. Clause (1) of Article 226 begins with a non obstante clause notwithstanding anything in Article 32 - and provides that every High Court. shall have power 'throughout the territories in relation to which it exercises jurisdiction', to issue to any person or authority, including in appropriate cases, any Government, 'within those territories' directions, orders or writs, for the enforcement of any of the rights conferred by Part III or for any other purpose. Under clause (2) of Article 226 the High Court may exercise its power conferred by clause (1) if the cause of action wholly or in part, had arisen within the territory over which it exercises jurisdiction, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. On a plain reading of the aforesaid two clauses of Article 226 of the Constitution it becomes clear that a High Court can exercise the power to issue directions, orders or writs for the enforcement of any of the fundamental rights conferred by Part III of the Constitution or for any other purpose if the cause of action, wholly or in part, had arisen within the territories in relation to which it exercises jurisdiction, notwithstanding that the seat of the Government or authority or the residence of the person against whom the direction, order or writ is issued is not within the said territories. In order to confer jurisdiction on the High Court at Calcutta, NICCO must show that at least a part of the cause of action had arised within the territorial jurisdiction of that Court. That is at best its case in the Writ petition.

6. It is well settled that the expression 'cause of action' means that bundle of facts which the petitioner must prove, if traversed, to entile him to a judgment in his favour by the Court. In Chand Kour vs. Pratab Singh, ILR (1889) 16 Cal 98 : 15 IA 156, Lord Watson said:

:-_ '. . . . . the cause of action has no relation whatever to the defence which may be set up by the defendant nor does it depend upon the character of the relief prayed for by the plaintiff. It refers entirely to the ground set forth in the plaint as the cause of action, or, in other words, to the media upon which the plaintiff asks the Court to arrive at a conclusion in his favour'.

Therefore, in determining the objection of lack of territorial jurisdiction the court must take all the facts pleaded in support of the cause of action into consideration albeit without embarking upon an enquiry as to the correctness or otherwise of the said facts. In other words the question whether a High Court has territorial jurisdiction to entertain a writ