https://www.taxtmi.com/caselaws?id=290303 Under Order 21 Rule 89(2) CPC, an applicant who has already filed a Rule 90 application cannot make or prosecute a Rule 89 application unless the Rule 90 application is withdrawn. The Supreme Court treated withdrawal as complete once the applicant intimated the Court of that withdrawal, and held that no formal order permitting withdrawal was required. Later steps taken in the Rule 90 proceeding did not undo the earlier withdrawal. On that basis, the Rule 89 application was maintainable and was rightly allowed. en-us Wed, 12 Feb 1975 00:00:00 +0530 Fri, 18 Sep 2020 11:11:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290303 Under Order 21 Rule 89(2) CPC, an applicant who has already filed a Rule 90 application cannot make or prosecute a Rule 89 application unless the Rule 90 application is withdrawn. The Supreme Court treated withdrawal as complete once the applicant intimated the Court of that withdrawal, and held that no formal order permitting withdrawal was required. Later steps taken in the Rule 90 proceeding did not undo the earlier withdrawal. On that basis, the Rule 89 application was maintainable and was rightly allowed. Case-Laws Indian Laws Wed, 12 Feb 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290303