A mortgagee obtains a decree for payment of money on a claim arising under the mortgage. Does that…
Order XXXIV rule 14 permits the mortgagee to institute a separate suit for sale despite Order II rule 2. The mortgagee cannot bring the property to sale merely by executing…
Choose your answer
A mortgagee obtains a decree for payment of money on a claim arising under the mortgage. Does that money decree by itself prevent a separate suit for sale of the mortgaged property under the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer C
Order XXXIV rule 14 permits the mortgagee to institute a separate suit for sale despite Order II rule 2. The mortgagee cannot bring the property to sale merely by executing that money decree.
Option feedback
Option A
Order XXXIV rule 14 expressly overrides Order II rule 2 for this suit.
Option B
Obtaining the money decree does not by itself adjudicate or bar the sale claim. Section 11 requires its own conditions.
Option C
A separate sale suit is the route expressly recognised by rule 14.
Option D
Rule 14 expressly permits a separate sale suit in the stated circumstances.
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