PRAN NATH MALLICK Vs. NETAR PRAKASH MALLICK

JUDGEMENT

(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 Malhotra applied for substitution of her name in records of the society, as a nominee of her husband, which was allowed, and plot No. C-770 was allotted to Smt. Shanti Devi. She had re- married to Dr. P.N. Rampal in London and became a non-resident; she also died in 1988. Smt. Raj Kumari was the allottee of the plot No. A-249 measuring 300 sq. yards in the same society. Smt. Shanti Devi and Mrs. Raj Kumari Malhotra applied for exchange of plot No. A-249 and C-770 between them, consequently a joint application was made by Smt. Shanti Devi and Mrs. Raj Kumari Malhotra, for exchange of plots which was allowed vide orders dated 23.1.76, and approved by the society vide its resolution dated 28.5.77. These orders were challenged in the suit. The defendants contested the same. The suit was dismissed by Mr. M.S. Rohella, Additional District Judge vide impugned judgment and decree dated 9.1.1991.