section 141
Surety's right to benefit of creditor's securities
The Contract Act, 1977Civil1977192 sections
Statutory text
Surety's right to benefit of creditor's securities.— A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of surety-ship is entered into, whether the surety knows of the existence of such security or not ;and, if the creditor loses or, without the consent of the surety, parts with such security, the surety is is charged to the extent of the value of the security.
Illustrations.
- (a) C advances to B, his tenant,2,000 rupees on the guarantee of A.C has also a further security for the 2,000 rupees by a mortgage of B's furniture. C cancels the mortgage. B becomes insolvent, and C sues A on his guarantee. A is discharged from liability to the amount of the value of the furniture.
- (b) C, a creditor, whose advance to B is secured by a decree, receives also a guarantee for that advance from A.C afterwards takes B's goods in execution under he decree and then without the knowledge of A withdraws the execution. A is discharged.
- (c) A, as surety for B, makes a bond jointly with B to C, to secure a loan from C to B. Afterwards C obtains from B a further security for the same debt, Subsequently, C gives up the further security.
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