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Section 138, Contract Act 1872: Release Of One Co-surety Does Not Discharge Others

Section 138 under the Chapter VIII (Of indemnity and guarantee) of the Contract Act, 1872 of India - 'Release of one co-surety does not discharge others', is reproduced hereunder:—

“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 sureties.”



Extra Notes for Readers

(1) Refer/compare relevant section 44 (Effect of release of one joint promisor) - click here

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