law: Code of 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 persons than one have, before the receipt of such
  
  assets, made application to the Court for the execution of decrees for the
  
  payment of money passed against the same judgment-debtor and have not obtained
  
  satisfaction thereof, the assets, after deducting the costs of realization,
  
  shall be rateably distributed among all such persons:
  Provided  as follows: -
  (a) where any property
  
  is sold subject to a mortgage or charge, the mortgagee or incumbrancer shall
  
  not be entitled to share in any surplus arising from such sale;
  (b) where any property
  
  liable to be sold in execution of a decree is subject to a mortgage or charge,
  
  the Court may, with the consent of the mortgagee or incumbrancer, order that
  
  the property be sold free from the mortgage or charge, giving to the mortgagee
  
  or incumbrancer the same interest in the proceeds of the sale as he had in the
  
  property sold;
  (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 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 such
  
  person to compel him to refund the assets.
  (3) Nothing in this
  
  section affects any right of the Government.