Ganesh (Prop) 06 September 2013

To open a closed suit

Dear Sir/Madam,

I've purchased a land from a bank through public Auction, After executing Sale deed now we come to know that the Borrower has made partition suit by using their children and wife. The suit become X party, now the commission report been ready and two days back the suit has been closed and Final Decree has been made. But still the judgement wasn't released.

Is there any chance to open the suit and implead my name in the suit as a purchaser of the property and to close the final decree.

Please guide me in this regards

Thanks

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3 Replies

adv.raghavan (Advocate,9444674980) 06 September 2013

when the originals are with the bank, how can they go for a partition suit, first charge is for the bank concerned,without clearing bank dues u cannot create any encumbarence on the property, so move concerned court and file declaration suit for null and void.

Ganesh (Prop) 06 September 2013

Thanks for the reply, Will there be any chance if we file a implead petition and suit open petition for the FD made suit. Filing declaration puts me into another separate suit I don't want to go for further new suit. Rather would like to implead into the same by submitting the sale deed. Thanks