CPC 1908 § Order XXXIV, Rule 13 — Application of proceeds

Statutory text (English)

(1) Such proceeds shall be brought into Court and applied as
follows:—
first, in payment of all expenses incident to the sale or properly incurred in any attempted sale;
secondly, in payment of whatever is due to the prior mortgagee on account of the prior
mortgage, and of costs, properly incurred in connection therewith;
thirdly, in payment of all interest due on account of the mortgage in consequence whereof the
sale was directed, and of the cost of the suit in which the decree directing the sale was
made;
fourthly, in payment of the principal money due on account of that mortgage; and
lastly, the residue (if any) shall be paid to the person proving himself to the interested in the
property sold, or if there are more such persons than one, then to such persons according
to their respective interests therein or upon their joint receipt.

(2) Nothing in this rule or in rule 12 shall be deemed to affect the powers conferred by section
57 of the Transfer of Property Act, 1882 (IV of 1882).

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXIV, Rule 13 (SUITS RELATING TO MORTGAGES OF IMMOVEABLE PROPERTY): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 155, 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

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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. 155) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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