AIR1932 MADRAS 155(2)

Madras High Court

Hon'ble Judge(s): Jackson, Walsh , JJ

Civil P.C. (5 of 1908) , O.34 R.6— Suit on mortgage decreed with costs - Property sold and balance still due-Personal decree for costs can be passed even against non-mortgagor defendant. Where a Court decrees "if the proceeds are insufficient to pay costs", it contemplates costs remaining unpaid if any balance is left owing after the sale. When therefore a suit for sale by a mortgagee is decreed with costs and some balance is left after the hypotheca is sold the Court can pass a personal decree for costs even against the non-mortgagor defendant: