( 1 ) THIS order will dispose of an application filed by respondent No. 3, New. Friends Co-operative House Building Society ("the Society"), praying for setting aside and recalling the order dated 10. 12. 99 passed by this Court disposing of the appeal in terms of the compromise filed under Order 23 Rule 3 of the Code of Civil Procedure, 1908, but the appellant and the respondent Nos. 1, 2 and 4.

( 2 ) BRIEF facts are that the plaintiff/appellant filed a suit for declaration and injunction, alleging therein that he was entitled to the plot No. C-770 measuring 500 sq. yards, which was allotted to his mother Smt. Shanti Devi Malhotra, by the Society. The plaintiff prayed for setting aside the resolution dated 28. 5. 77 of the Society as also the order dated 23. 1. 76 of the Chairman of the Society permitting exchange of this plot No. C-770, measuring 500 sq. yards allotted to said Smt. Shanti Devi with the plot No. A-249, (300 sq. yards) allotted to Mrs. Raj Kumari Malhotra by the Society, being illegal and void.

( 3 ) IT was pleaded in the suit that Sh. B. D. Mallick applied for the membership of the society in 1958; he died on 18. 8. 64; his widow Smt. Shanti Devi