https://www.taxtmi.com/caselaws?id=216538 Order 2 Rule 2 of the Code of Civil Procedure applies only to suits and does not bar a winding-up petition under the Companies Act, 1956 because such a proceeding is a petition, not a suit. However, a winding-up petition is not maintainable where the alleged rent arrears are not finally ascertained and require detailed adjudication on liability, period of default, and quantum. In that situation, the proper remedy is a suit for recovery of dues rather than winding up. The appeal succeeded only on the inapplicability of Order 2 Rule 2, while the refusal of winding-up relief was upheld. en-us Thu, 16 Aug 2012 00:00:00 +0530 Fri, 15 Feb 2013 10:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=216538 Order 2 Rule 2 of the Code of Civil Procedure applies only to suits and does not bar a winding-up petition under the Companies Act, 1956 because such a proceeding is a petition, not a suit. However, a winding-up petition is not maintainable where the alleged rent arrears are not finally ascertained and require detailed adjudication on liability, period of default, and quantum. In that situation, the proper remedy is a suit for recovery of dues rather than winding up. The appeal succeeded only on the inapplicability of Order 2 Rule 2, while the refusal of winding-up relief was upheld. Case-Laws Companies Law Thu, 16 Aug 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=216538