SMT. PARKASH KAUR vs SMT. SANDHOORAN

The Supreme Court held that the withdrawal of an application under Order XXI Rule 90 C.P.C. is a unilateral act by the judgment debtor, which does not require court permission. The Court clarified that the application under Order XXI Rule 89 C.P.C. was deemed to have been made on 25.9.1974, when the requisite deposit was made, thus falling within the prescribed period of limitation. The High Court's view that the application was time-barred was overturned, and the appeal was allowed.