SHIV PRASAD vs DURGA PRASAD & ANR.

The Supreme Court interpreted Order 21 Rule 89 and Rule 90 of the Code of Civil Procedure, holding that a party can unconditionally withdraw an application without needing a court order, and such withdrawal is effective immediately upon notification to the court. The Court clarified that if a party has filed an application under Rule 90 to set aside a sale, they must withdraw it before making an application under Rule 89. The appeal was dismissed, affirming the High Court's decision to allow the application under Rule 89 and set aside the sale.