Section 138
Release of one co-surety does not discharge others
Chapter 9: Of indemnity and guarantee
Where there are co-sureties, a release by the creditor of one of them does not discharge the others; neither does it free the surety so released from his responsibility to the other sureties1.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 135Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
- 136Surety not discharged when agreement made with third person to give time to principal debtor
- 137Creditor‟s forbearance to sue does not discharge surety
- 139Discharge of surety of creditor‟s act or omission impairing surety‟s eventual remedy
- 140Rights of surety on payment or performance
- 141Surety‟s right to benefit of creditor‟s securities