Legal Question in Real Estate Law in India

We 4 persons got loan from a registered finance against pro note signed by all of us and depositing the title deed of one borrower.The finance company filed a suit against us for collecting the amount with interest in a civil court stating facts of depositing the title deed and pro note by stating joint and several liability.The defendant who deposited his title deed in finance sold his property before four years.The civil case is pending before the court.Now only we came to know this fact.Out of another three defendants one expired.We suspected that some papers having the facts of depositing the title deed which were filed with the court also missing.
a) Can I file the petition before the court to search or create the missing papers?
b)Can I file the petition before the same court to direct the cancellation of sale property by that defendant and reinstate that property in this case and attached the same ?
c)Can I take the action against that defendant who sold his property?

Asked on 6/01/11, 11:03 pm

Shrichand Nahar S.V.Nahar, Advocate

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If you are a defendant, you need to file a separate suit.

If you are a plaintiff, you may consider amending the suit or withdrawing this suit with leave to file fresh suit and file a fresh suit.

Answered on 6/02/11, 1:02 am

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