HIMMATBHAI SON OF CHAGANLAL vs RIKHILAL AND ORS.

The Supreme Court held that an application under Order 21, Rule 90 of the Civil Procedure Code (CPC) by one judgment debtor does not bar other judgment debtors from filing an application under Order 21, Rule 89 CPC. The Court overturned the High Court's decision which had dismissed the application under Rule 89 on the grounds of the pending Rule 90 application. The Court clarified that the two rules operate independently, allowing the application under Rule 89 to proceed despite the existence of a Rule 90 application.