CPC 1908 § 73 — Proceeds of execution sale to be rateably distributed among decree-holders

Statutory text (English)

(1) Where
assets are held by a Court and more persons than one have, before the receipt of such assets, 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 assets, after deducting the costs of
realization, shall be rateably distributed among all such persons:

Provided as follows:—
(a) where any property is sold subject to a mortgage or charge, the mortgagee 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 charge, 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 immoveable 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 monies 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 assets 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 1[the Government].

Source and verification

Source citation: CPC (Act V of 1908) s.73: Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (Act No. V of 1908; portal status 'Under Review'; reflects amendments through the CPC (Amendment) Act, 2023 incl. inserted s.159), p. 36, 37, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 36, 37) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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