497. Non-statutory liability to produce title deeds.

Apart from the statutory liability to produce title deeds1, a mortgagee, when the day fixed for redemption is past, is not bound to produce the deeds to the mortgagor except on payment of all money secured by the mortgage2. Moreover, the mortgagee may refuse to produce the deeds in proceedings between the mortgagor and a third person3, in which case secondary evidence of them can be given4. Although in general a mortgagee cannot be required to disclose the mortgagor's title, production may sometimes be ordered in favour of a third person in the mortgagor's absence