Suit, a following. It is used in divers senses:-
(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.
(2) Suit of Court, an attendance which a tenant owes to his lord's Court.
(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.
(4) Suit Custom, where service is owed time out of mind.
(5) Suithold, a tenure in consideration of certain services to the superior lord.
(6) The following one in chase, as fresh suit, Cowel.
The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]
The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.
The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects the proceedings in a cause already constituted but does not create the cause, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247: (1989) 1 SCR 621: (1989) 2 SCC 95.
The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal 'only reviews and corrects the proceedings in a cause already constituted but does not create the cause', Dayawati v. Inderjit, AIR 1966 SC 1423: (1966) 3 SCR 275.
Any proceeding by a party or parties against another in court of law, Black's Law Dictionary, 7th Edn., p. 1448.
The word 'suit' has not been defined in the Code; but there can be little doubt that in the context the plain and grammatical meaning at the word would include the whole of the suit and not a part of the suit, so that giving the word 'suit' its ordinary meaning it would be difficult to accept the argument that a part of the suit or an issue in a suit is intended to be covered by the said word in the material clause. The argument that there should be finality of decisions and that a person should not be vexed twice over with the same cause can have no material bearing on the construction of the word 'suit', suit for redemption, Pandurang Ramchandra Mandlik v. Shantibai Ramchandra Ghatge, AIR 1989 SC 2240 (2248): 1989 Supp (2) SCC 627. The word 'suit' is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law affords. The modes, of proceedings may be various but that if a right is litigated between parties in a court of justice the proceeding by which
the decision of the Court is sought may be a suit. But if the proceeding is of a summary nature not falling within the definition of a suit, it may not be so treated for the purpose of s. 11, Gulab Bai v. Panphool Bai, AIR 1962 SC 214. (Civil Procedure Code, 1908, s. 11)
Suit, cannot include in its ambit execution or execution proceedings. The interpretation of word 'suit' in any particular statute will have to made in the content in which the same is used, Madalsa International Ltd. v. Central Bank of India, AIR 1998 Bom 247.
Suit, does not become necessarily a suit for accounts merely because the plaint asks for an account. The paint must show that the defendant is an accounting party and that the plaintiff claims on the footing that an account has to be taken to ascertain in the sum due to him, Satyanarayana v. Rajah of Vazianagaram, AIR 1932 Mad 565.
Suit, envisaged cannot be stretched to criminal pro-secutions. The suit mentioned therein is restricted to 'recovery of money or for enforcement of any security against the industrial company or of any guarantee in respect of any loans or advance granted to the Industrial company as the suit is clearly delineated in the provision itself, the content would not admit of any other stretching process, BSI Ltd. v. Gift Holdings Pvt. Ltd., AIR 2000 SC 926. [See also Sick Industrial Companies (Special Provisions) Act (1 of 1986), s. 22(1)]
Suit, is a generic term of comprehensive significa-tion, and applies to any proceeding in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of any injury or the recovery of a right'.In its most extended sense, the word suit includes not only a civil action, but also a criminal prosecution, as, indictment, information and a conviction by a Magistrate (Bouvier's Law Dictionary) See also BSI Ltd. v. Gift Holdings Pvt. Ltd., (2000) 2 SCC 737.
Suit, is a proceeding which commences with a petition in the nature of a plaint and the claim should be one triable by a court, Maharana Bhagwat Singh Bahadur of Udaipur v. State of Rajasthan, AIR 1964 SC 444: (1964) 5 SCR 1: (1964) 1 SCWR 258: (1963) 25 FJR 171: (1964) 1 LLJ 33.
Suit, is an ordinary comprehensive term and would apply to any proceedings in a court by which a person pursues a remedy provided to him. Generally a suit does not include appeal or an application. When the section of statute deals with both suits and appeals, it cannot be said that the word 'suit' has been used in the same sense as appeal. Word 'suit' means not an appeal, but a regular suit where the parties could independently adduce evidence including the evidence adduced before the Commissioner, K.V. Gopinathan v. Kannankav Devasom Udama, AIR 2004 Ker 288. [See Madras Hindu Religious and Charitable Endowments Act (19 of 1951), s. 62]
Suit, its ordinary meaning, it would be difficult to accept the argument that a part of the suit or an issue in a suit is intended to be covered by the said word in the material clause, Glub Bai v. Manphool Bai, AIR 1962 SC 214.
Means not only suit proper but also those stages which ordinarily take place before a final executable document comes into existence, Dayawati v. Inderjit, AIR 1966 SC 1423.
Suit, prosecution or pursuit of some claim, demand or request; the act of suing, the process by which one endeavours to gain an end or object; attempt to attain a certain result; the act of suing; the process by which one gains an end or object, an action or process for the recovery of a right or claim; the prosecution of some demand in a court of justice; any proceeding in a court of justice in which plaintiff pursues his remedy to recover a right or claim; the mode and manner adopted by law to redress civil injuries; a proceeding in a court of justice for the enforcement of a right (P. Ramanatha Aiyar's Law Lexicon, 1997 Edn.); See also Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91