Intervenor lacks locus for substantive relief in Order 21 Rule 58 proceedings, so review or recall cannot be maintained.

An intervenor in proceedings under Order 21 Rule 58 CPC may support or oppose the existing parties, but has no locus to seek independent substantive relief or an enforceable decree for himself. The Madhya Pradesh High Court applied that principle to hold that a person impleaded only as an intervenor could not pursue review or recall of the appellate order on the basis of an alleged auction-derived property right. As the grievance could not be advanced through intervention alone, the review/recall application was held to serve no useful purpose and was rejected as not maintainable.

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Issues: Whether an intervenor in proceedings under Order 21 Rule 58 of the Code of Civil Procedure, 1908 can seek substantive relief for himself or maintain a review/recall of the appellate order on that basis.

Analysis: The application arose from an earlier appellate order in execution-related proceedings. The decisive question was whether the applicant, who had only been impleaded as an intervenor, possessed any enforceable right to obtain relief in the appeal proceedings. The Court applied the principle that an intervenor may support or oppose the parties to the proceeding, but cannot claim an independent decree or substantive relief for himself in that capacity. Since the applicant's grievance related to an alleged right in the property said to have accrued from an auction, that claim could not be pursued merely through intervention in the appeal. On that footing, the review/recall application was found to serve no useful purpose.

Conclusion: The review/recall application was not maintainable at the instance of the intervenor and was rejected.

Final Conclusion: An intervenor cannot secure independent relief in such appellate proceedings, and therefore the challenge to the earlier order failed.

Ratio Decidendi: An intervenor has no locus to claim substantive relief for himself in proceedings under Order 21 Rule 58 of the Code of Civil Procedure, 1908, and cannot maintain review to obtain such relief.

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