Supreme Court · 1975 INSC 30 · Decided 12 February 1975
Shiv Prasad v. Durga Prasad & ANR.
- Court
- Supreme Court of India
- Citation
- 1975 INSC 30 · [1975] 3 S.C.R. 526
- Case number
- CIVIL APPEAL No. 998/1971
- Decided
- 12 February 1975
- Bench
- P.N. BHAGWATI, A.C. GUPTA, N.L. UNTWALIA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
A v. DURGA PRASAD & ANR. February 12, 1975 [P. N. BHAGwAn, A. C. GuPn AND N. L. UNTWAU.A, JJ.J Code of Civil Procedure, 1908~0. 21, rr. 89(2) and 90-Scope of. . B Ri:le 89(2) of 0. 2.J ~.P.C. states that where a person applies under r. 90 to set aside the sale of his immovable property, of the Judgment debtor. Reopondent no. 1 who had purchased the properties earlier thereupon filed an application on December 12, 1967 under 0. 21 r. 90 for ,etting aside the sale. Later, he filed an application under 0. 21 r. 89 stating that he "withdraws the application under O. 21. r.
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