Syariah Courts Civil Procedure Code · s 189

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189.
Proceeds of sale to be distributed rateably to all judgment da’in
(1) Where assets are realised by sale or otherwise in execution of an order or judgment, and more persons than one have, prior to the realisation, attached the property from which such assets have been realised in execution

Syariah Courts Civil Procedure Code 76
of orders or judgments for the payment of money against the same judgment madin, and the distribution of which have not been satisfied, the assets shall, after deducting the costs of realisation, be distributed rateably among all judgment da’in:
Provided that —
(a) where any property is sold subject to a charge, the chargee shall not be entitled to share in any surplus from the proceeds of the sale;
(b) where any property liable to be sold in execution of an order or judgment is subject to a charge, the Court may, with the consent of the chargee, order that the property be sold free from the charge, giving to the chargee the same right against the proceeds of the sale as he had against the property sold; and
(c) where an immovable property is sold in execution of an order or judgment ordering its sale for the discharge of the encumbrances thereof, the proceeds of the sale shall be applied in the order of priority —
(i) in defraying all expenses of the sale;
(ii) in discharging the principal debt due on the encumbrance;
(iii) in discharging the principal debt due on subsequent encumbrances, if any;
(iv) rateably among the holders of the orders or judgments for the payment of money against the judgment madin who have prior to the sale of that property applied to the Court which made the order or judgment and the distribution of which have not been satisfied.
(2) Where all or any of the assets liable to be rateably distributed under this section have been paid to a person not entitled to receive thereof, the person entitled thereto may claim from that person for the return of the assets.
(3) Nothing in this section shall prevent or postpone any claim which under other written law ought to be given priority.

Syariah Courts Civil Procedure Code

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s 189Proceeds of sale to be distributed rateably to all judgment da’in

(1)

Where assets are realised by sale or otherwise in execution of an order or judgment, and more persons than one have, prior to the realisation, attached the property from which such assets have been realised in execution

Syariah Courts Civil Procedure Code 76

of orders or judgments for the payment of money against the same judgment madin, and the distribution of which have not been satisfied, the assets shall, after deducting the costs of realisation, be distributed rateably among all judgment da’in:

Provided that —

(a)

where any property is sold subject to a charge, the chargee shall not be entitled to share in any surplus from the proceeds of the sale;

(b)

where any property liable to be sold in execution of an order or judgment is subject to a charge, the Court may, with the consent of the chargee, order that the property be sold free from the charge, giving to the chargee the same right against the proceeds of the sale as he had against the property sold; and

(c)

where an immovable property is sold in execution of an order or judgment ordering its sale for the discharge of the encumbrances thereof, the proceeds of the sale shall be applied in the order of priority —

(i)

in defraying all expenses of the sale;

(ii)

in discharging the principal debt due on the encumbrance;

(iii)

in discharging the principal debt due on subsequent encumbrances, if any;

(iv)

rateably among the holders of the orders or judgments for the payment of money against the judgment madin who have prior to the sale of that property applied to the Court which made the order or judgment and the distribution of which have not been satisfied.

(2)

Where all or any of the assets liable to be rateably distributed under this section have been paid to a person not entitled to receive thereof, the person entitled thereto may claim from that person for the return of the assets.

(3)

Nothing in this section shall prevent or postpone any claim which under other written law ought to be given priority.

Syariah Courts Civil Procedure Code