[Solved] 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?

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?
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
Answer» 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

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