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Section 137: Creditor's forbearance to sue does not discharge surety.

The Indian Contract Act, 1872Central Act · Act 9 of 1872

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.

Where this provision sits

ActThe Indian Contract Act, 1872
Section137
Marginal noteCreditor's forbearance to sue does not discharge surety.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it2

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