Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). — THE CODE OF CIVIL PROCEDURE, 1908 ARRANGEMENT OF SECTIONS

5. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). (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 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 no 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 the Government. RESISTANCE TO EXECUTION

Section 5