Transfer of a moneysuit/mortgage suit

dheepak srinivasa (Querist) 20 October 2012 This query is : Resolved
Dear Sir

Sir I have initiated a mortgage suit for recovery of my money. But the defendant has not agreed that its mortgage suit but states that this is a money suit. I have the original document with me and now a new party has come and is willing to settle the defendant dues to me and take over the case, but he has asked me to give the original land document on settling the amount.

1. Is it possible to transfer the case?
2. If yes the process to transfer if it is termed as mortgage suit? or if it is termed as money suit?
3. If the case is transfereed can defendant file any case against me?

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