Defences available in suit for recovery by guarantor

Unless the debtor has consented to the payment voluntarily made by the surety to the creditor, he is entitled to raise all defences which he could raise against the creditor, at the time when the payment was made. § Sole paragraph: He may do the same, if the guarantor, having paid as a consequence of the suit brought against him by the creditor, failed to have summons served on the debtor in the said suit.