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SECTION 73, 74 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning Proceeds of execution-sale to be reateably distributed among decree-holders? What is Resistance to execution? Section 73 and 74 of Code of Civil Procedure 1908

Proceeds of execution-sale to be reateably distributed among decree-holders and Resistance to execution are defined under Section 73 and 74 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 73 of Code of Civil Procedure 1908 "Proceeds of execution-sale to be reateably distributed among decree-holders"

(1) Where assests are held by a Court and more persons than one have, before the receipt of such assests, made application to the Court for the execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained satisfaction thereof, the assests, after deducting the costs of realization, shall be reteably distributed among all such persons : Provided as follows :-

 

(a) where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be entitled to share in any surplus arising from such sale;

(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charges the Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the property sold;

(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied-

first, in defraying the expenses of the sale;

secondly, in discharging the amount due under the decree;

thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and

fourthly, rateably among the holders of decrees for the payment of money against the judgment debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof.

(2) Where all or any of the assests liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets.

(3) Nothing in this section affects any right of the Government.

Section 74 of Code of Civil Procedure 1908 "Resistance to execution"

Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.

Code of Civil Procedure 1908

What is Partial exemption of agricultural produce? What is Seizure of property in dwelling-house? Section 61 and 62 of Code of Civil Procedure 1908

What is the meaning Property attached in execution of decrees of several Courts? What is the meaning Private alienation of property after attachment to be void? Section 63 and 64 of Code of Civil Procedure 1908

What is Purchaser's title? What is the Power for State Government to make rules as to sales of land in execution of decrees for payment of money? Section 65 and 67 of Code of Civil Procedure 1908

What is the meaning Proceeds of execution-sale to be reateably distributed among decree-holders? What is Resistance to execution? Section 73 and 74 of Code of Civil Procedure 1908

What is the Power of court to issue commissions? What is Commission to another Court? Section 75 and 76 of Code of Civil Procedure 1908

What is Letter of request? What is the meaning Commissions issued by foreign Courts? Section 77 and 78 of Code of Civil Procedure 1908

How to file Suits by or against Government? How to issue Notice? Section 79 and 80 of Code of Civil Procedure 1908


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