JUDGMENT :

I.A 14004/2018 [by defendant No.4 under Order XXIII Rule 3 r/w Section 151 of the CPC for transposition as plaintiff] and I.A. 14645/2018 [by defendant No.4 under Section 151 of the CPC for recall of settlement] in CS(OS) 1394/2015.

1. The defendant No. 4, Ms. Geeta Budhiraja, has filed these applications for transposition as a plaintiff in the suit, and for setting aside a mediated settlement dated 12.01.2016.

2. The suit was instituted by Smt. Daya Rani, mother of the defendants, on 12.05.2015. She sought partition of certain properties owned by her late husband.

3. The parties were referred to mediation by an order dated 16.10.2015, and entered into the settlement agreement on 12.01.2016. The original plaintiff was described as the first party, and defendant Nos. 1 to 4 were described as the second party to the fifth party, respectively. The settlement agreement was signed by all of them, as well as by their counsel. It records that the parties arrived at an amicable resolution of their differences after seven sittings with the mediator. The suit was decreed in terms of the settlement by the order of this Court dated 15.01.2016.

4. The plaintiff has since died on 10.05.201