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        Indian Laws

        Section 138 - Release of one co-surety does not discharge others

        Indian Contract Act, 1872
        Chapter VIII
        OF INDEMNITY AND GUARANTEE

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        Co-surety release does not discharge remaining sureties and does not relieve the released surety vis a vis co-sureties. Release of a co-surety by the creditor does not discharge remaining co-sureties, who continue bound to the creditor for the original obligation; the released surety is not freed from obligations or equities owed to the other sureties arising from their mutual relations.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Co-surety release does not discharge remaining sureties and does not relieve the released surety vis a vis co-sureties.

                              Release of a co-surety by the creditor does not discharge remaining co-sureties, who continue bound to the creditor for the original obligation; the released surety is not freed from obligations or equities owed to the other sureties arising from their mutual relations.


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