(a) Where an order for sale of any property has been made by a Court in execution, the proceeds of the sale, after the deduction of the expenses of sale, shall be distributed rate-ably amongst all judgement creditors who have applied for execution at any time before the date on which the order for sale of such property was made; (b) Where money is received by a Court in satisfaction of execution, otherwise than by way of sale, it shall be distributed rate-ably amongst all judgement creditors who have applied for execution before the money was received by the Court; (c) Where any property is sold subject to a mortgage or charge, the mortgager or encumbrance shall not be entitled to share in any not be entitled to share in any surplus arising from such sale; (d) 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 mortgager or encumbrancer, order that the property be sold free from the mortgager or charge, giving to the mortgager or encumbrance the same interest in the proceeds of the sale as he had in the property sold; (e) Where any immovable property is sold in execution of a decree ordering its sale for the discharge of an encumbrance thereon, the proceeds of sale shall be applied:(i) in defraying the expenses of the sale; (ii) in discharging the amount due under the decree; (iii) in discharging the interest and principal moneys due on subsequent encumbrances (if any); and (iv) rate-ably among the holders of decrees for the payment of money against the judgement debtor in accordance with the provisions of paragraph (a). 2) Where all or any of the assets liable to be rate-ably distributed under this section are paid to a person not entitled to receive them, any person so entitled may sue such person to compel him to refund the assets. 3) Nothing in this section affects any rights of the CANS or any person who by any law has a right to be paid in priority to other creditors. 288. Payment by Installments:1) The Court which is carrying out the execution may on the application of the judgement debtor and with the consent of the decree holder after attachment of the property of the judgment debtor has been made or before such attachment upon the judgement debtor furnishing such security as the Court thinks fit, order that payment of the amount decreed shall be made by installments upon such terms as it thinks fit. 2) Where the Court has made an order under sub-section (1) and default is made in execution of the order, the Court shall set aside the order for payment by installments and shall on the application of the decree holder issue process for the recovery of the whole amount of the judgement debt remaining unpaid. 62