In a suit, A mortgages certain property to B which was then in possession of X, and agrees of deliver possession thereof B after recovering possession thereof from X. Are covers possession of the property from X, but does not deliver possession thereof to B.B sues A for possession, and a decree for costs, B applies for attachment and sale of the mortgaged property. Is B entitled to the order applied for attachment and sale of the mortgaged property?
A)Yes, for the claim in respect of costs is not a 'claim arising under the mortgage' within the meaning of O. 34, r 14. It arises under the decree passed for costs
B)No, for the claim in respect of costs is a 'claim arising under the mortgage' within the meaning of O. 34, r 14. It arises under the decree passed for costs
C)No, for the claim in respect of costs is a 'claim arising under the mortgage' within the meaning of O. 34, r 14. It does not arise under the decree passed for costs
D)No claim arising from mortgage

Question

Quizplus · Accepted Answer

The claim for costs in this context arises from the decree passed for costs, not directly from the mortgage itself. Therefore, it is not considered a 'claim arising under the mortgage' as per O. 34, r 14, allowing B to apply for attachment and sale of the mortgaged property to recover those costs.

In a Suit, a Mortgages Certain Property to B Which