13(2) notice not served to all the borrowers

if the bank has not served 13(2) notice to 1 of the borrower out of 3 borrowers can the borrower who the notice has not been served file a case against the bank after 3 yrs though all the borrowers reside at the same place and other borrowers have acknowledged the notice on behalf of all 3 the bank dose not have the acknowledgement of the 3 borrower