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Section 137 Contract Act — Creditor’s forbearance to sue does not discharge surety

The Indian Contract Act, 1872 · Official PDF page 36

Open in NyayaOfficial PDF, page 36

137. Creditor’s forbearance to sue does not discharge surety .—Mere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence of any provision in the guarantee to the contrary, discharge the surety.

Illustration B owes to C a debt guaranteed by A. The debt becomes payable. C does not sue B for a year after the debt has become payable. A is not discharged from his suretyship.

Text extracted from the official PDF (India Code source copy; consolidation date not certified). Line breaks and footnote marks may differ; the PDF is the authority.

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