ENACTMENT NO. 9 OF 1993 SYARIAH CIVIL PROCEDURE ENACTMENT 1993
PART XX – RATEABLE DISTRIBUTION
Section 157. Proceeds of execution sale to be distributed rateably among judgment debtors.
(1) Where assets are realised by sale otherwise in exercution of an order or judgment and more than one person have, prior to the realisation, attached the property from which those assets have been realised in execution of orders or judgments for the payment of money against the same judgment debtor and have not obtained satisfaction thereof, the assets, after deducting the costs of the realisation, shall be distributed rateably among all such persons provided as follows -
(a) where any property is sold subject to a change, the incumbrancer shall not as such be entitled to share in any surplus arising from 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 incumbrancer, order that the property be sold free from the charge, giving to the incumbrancer the same right against the proceeds of sale as he had against the property sold; and
(c) where any immovable property is sold in execution of an order or judgment ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied -
(i) first, in defraying the expenses of the sale;
(ii) secondly, in discharging the principal money due on the incumbrance;
(iii) thirdly, in discharging the principal money due on subsequent incumbrances (if any);
(iv) fourthly, rateably among the holders of orders or judgments for the payment of money against the judgment debtor who have prior to the sale of the aid property, applied to the Court which passed the order or judgments 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 that person to refund the assets.
(3) Nothing in this section shall operate to defeat or postpone any claim which under the provisions of any written law ought to be paid in priority.