73—Proceedings where service is dispensed with
Where an order is made under the preceding section dispensing with service,
and property is sold by order of the court, the following provisions shall
have effect, subject to any contrary order of the court:
(a) the
proceeds of sale shall be paid into court to abide the further order of the
court;
(b) the
court shall, by order, fix a time, at the expiration of which the proceeds
will be distributed, and may from time to time, by further order, extend that
time;
(c) the
court shall direct such notices to be given by advertisements or otherwise as
it thinks best adapted for notifying to any persons who may not have
previously come in and established their claims, the fact of the sale, the
time of the intended distribution, and the time within which a claim to
participate in the proceeds must be made;
(d) if
at the expiration of the time so fixed or extended the interests of all the
persons interested have been ascertained, the court shall distribute the
proceeds in accordance with the rights of those persons;
(e) if
at the expiration of the time so fixed or extended the interests of all the
persons interested have not been ascertained, and it appears to the court that
they cannot be ascertained, or cannot be ascertained without undue delay or
expense disproportionate to the value of the property or of the unascertained
interest, the court shall distribute the proceeds in such manner as appears to
the court to be most in accordance with the rights of the persons whose claims
to participate in the proceeds have been established, whether all those
persons are or are not before the court, and with such reservations (if any)
as to the court may seem fit in favour of any other persons (whether
ascertained or not) who may appear from the evidence before the court to have
any prima facie rights which ought to be so provided for, although such rights
may not have been fully established, but to the exclusion of all other
persons, and thereupon all such other persons shall by virtue of this Part be
excluded from participation in those proceeds on the distribution thereof, but
notwithstanding the distribution any excluded person may recover from any
participating person any portion received by him of the share of the excluded
person.