In execution of a decree obtained by A against B certain property belonging to B is attached During ...........

Civil Procedure Code (CPC) 1908 Execution

In execution of a decree obtained by A against, B, certain property belonging to B is attached. During the pendency of the attachment, B mortgages the property to C. The property is then sold in execution of the decree and purchased by D.

Here, the mortgage having been made contrary to the attachment is void as against A’s claim, and D is not entitled to take the property free from the mortgage created by B

Here, the mortgage having been made contrary to the attachment is not void as against A’s claim, and D is not entitled to take the property free from the mortgage created by B

Here, the mortgage having been made contrary to the attachment is void as against A’s claim, and D is entitled to take the property free from the mortgage created by B

None of these

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Explanation:

Here, the mortgage having been made contrary to the attachment is void as against A’s claim, and D is entitled to take the property free from the mortgage created by B

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