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2014 (2) TMI 1426 - HC - Indian LawsReview/recall of an order - Recovery proceedings for unrecovered loan - right of the intervenor was not considered - judgment of the Supreme Court in the case of DENA BANK VERSUS BHIKHABHAI PRABHUDAS PAREKH AND CO. AND OTHERS [2000 (4) TMI 36 - SUPREME COURT] is not applied properly - HELD THAT:- The applicant herein admittedly was an intervenor in M.A No. 1153/1999 and they were claiming their right to the property by virtue of the auction held in their favour at the instance of Sales Tax Department. An intervenor cannot claim any relief or decree for himself in the capacity of an intervenor in the appeal under Order 21 Rule 58 of C.P.C, that being the legal position. It is clear that in M.A No. 1153/1999, the applicant as an intervenor could not claim any relief for himself, accordingly, even if this application is allowed and the appeal proceedings under Order 21 Rule 58 are restored the intervenor cannot get any benefit as he cannot claim any relief for himself. That being so no useful purpose would be served in considering the question of review at the instance of the applicant. Application dismissed.
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