Q. 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? (Solved)
1. 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
2. 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
3. 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
4. No claim arising from mortgage
- 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