2002 (4) TMI 978

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....nts: C.D. Muralidaran, Adv. ORDER M. Karpagavinayagam, 1. The petitioner is the defendant. 2. The respondent/plaintiff filed a suit in O.S.No.58 of 19992 for recovery of money. During the pendency of the suit, the petitioner/defendant filed an application in I.A.No.299 of 1993 under Section 10 C.P.C. for stay of the proceedings of the suit until final adjudication in Company Petition N....

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....9;suit' is important for our purpose. As per the provisions of Order 4 Rule 1 C.P.C. every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints in its behalf. Therefore, the word 'suit' ordinarily means a civil proceeding instituted by presenting a plaint. 7. In a company proceedings, no plaint is presented and hence, it cannot be regarded as a....