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Bare acts > Code of Civil Procedure, 1908 > Order 34 Rule 10


10. Costs of mortgagee subsequent to decree.- In finally adjusting the amount to be paid to a mortgagee in case of a foreclosure, sale or redemption, the court shall, unless in the case of costs of the suit the conduct of the mortgagee has been such as to disentitle him thereto, add to the mortgage money such costs of the suit and other costs, charges and expenses as have been properly incurred by him since the date of the preliminary decree for foreclosure, sale or redemption up to the time of actual payment:

Provided that where the mortgagor, before or at the time of the institution of the suit, tenders or deposits the amount due on the mortgage, or such amount as is not substantially deficient in the opinion of the court, he shall not be ordered to pay the costs of the suit to the mortgagee and the mortgagor shall be entitled to recover his own costs of the suit from the mortgagee, unless the court, for reasons to be recorded, otherwise directs.





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