Civil Procedure, 1908
73. Proceeds of execution-sale to be rateably distributed among decree-holders .-
(1) Where assets are held by a Court and more ... thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons: Provided as follows:- (a) where any property
this section, claims enforceable under an attachment include claims for the rateable distribution of assets. Sale
said agreement to meet the expenses of running the chit or for distribution among the subscribers or for both; (h) “dividend” means the share ... amount of discount available under the chit agreement for rateable distribution among the subscribers at each instalment of the chit; (i) “draw” means the manner
thereof, the assets, after deducting the costs of realisation, shall be rateably distributed among all such persons." The District Munsif held that as none ... Subbier's suit, that they had no right to rateable distribution under Section 73 and refused their application, and ordered that Subbier should draw
from the compensation in accordance with sub-section (6) shall be distributed rateably amongst the decree-holders, if more persons than one are entitled thereto ... amount realised by such execution shall be distributed rateably among the decree-holders: Provided that nothing contained in this sub-section shall affect the rights
last of those darkhasts he had prayed for rateable distribution of the sale proceeds which would be realised in another and prior darkhast ... dismissed.
3. The objection on the point of limitation is this. Rateable distribution which was sought in darkhast No. 465 of 1934 could
thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons:
Provided as follows:
(a)...
(b)...
(c) where ... thereof.
7. It is plain that to entitle a creditor to rateable distribution, he must have made an application to the Court, which holds
applied in the execution proceedings of Pedda Sambayya Chetty for rateable distribution and his application was granted on the 16th December, 1926, the date ... application for a rateable share in the assets. Indeed it has been held that a simple application for a rateable distribution is not enough
also held decrees against the judgment-debtors, and they applied for rateable distribution and, after confirmation of the sale mentioned above, obtained an order ... rateable distribution of Rupees 4,279-12-9 amongst them. The decree-holder deposited the above amount in Court which was\ rateable distributed between
section "claims enforceable under an attachment include claims for the rateable distribution of assets."It had been held by the Courts in India ... holders other than the attaching decree-holder acquired no right to rateable distribution under Section 295 (now 73) of the Code until assets had been
