1. The decision in 29 MLJ 1201 supports the appellant's case that personal decree for costs cannot be passed against a person who is a non-mortgagor in a suit by the mortgagee, but in AIR 1931 Mad 2722 it was held that such a decree can be passed. In 55 Mad 3323, 29 MLJ 120 was considered and explained by the learned Judges.
2. Though the circumstances were somewhat different, the learned Judges held that a decree for costs personally against the non-mortgagor can be passed on a mortgage action. In 40 MLW 5764 the proposition is stated to be an undoubted one, though there is no discussion of the point. I am inelined to agree with the decision subsequent to 29 MLJ 120 which held that the Courts have a discretion to pass a personal decree against a non mortgagor.
3. In the present case, the learned Judge has given reasons for passing the decree. The appeal fails and is dismissed with costs.
C.R.K/R.M
4. Appeal dismissed.