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Piyan Mallick   18 April 2020

difference between actionable claim and right to sue.

what is the difference between actionable claim and right to sue?


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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 April 2020

Actionable Claim is a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in possession either actual or constructive, of the claimant, which the civil courts recognise as affording

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Piyan Mallick   19 April 2020

thank you sir.... but I needed the difference for a 4 marks question.

Karishma Yadav   21 April 2020

Hello,

Thank you for your question.

Section 3 of Transfer of property act defines actionable claim. An actionable signifies a claim or an unsecured debt or any interest in movable property, for which you can take an action.

It is usually filed with people to get compensation on an accident or any other injury. As laid in Moti Lal v. Radhe Lal, Actionable claim is transferrable.    

On the contrary, Right to sue, is given under Section 6(e) of TOPA. It is the power given to people by the ruling authority to implement possible action on the unlawful matter.

Right to damages accruing after the occurrence of a breach is not actionable claim, but is a mere right to sue. Mere right to sue is not transferable.

In the case of Union of India v. Sri Sara Mills ltd, it was held that a bare right of action might be claims to damages for breach of contract or claims to damage for tort.  

To conclude, actionable claim is an agaisnt an unsecured debt or an interest in property whereas mere right to sue is claimimg possible action on an unlawful act.

 

Regards,

Karishma Yadav

Gulab Shah   13 January 2023

Thank you for this answer 


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