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        Indian Laws

        Section 144 - Guarantee on contract that creditor shall not act on it until co-surety joins

        Indian Contract Act, 1872
        Chapter VIII
        OF INDEMNITY AND GUARANTEE

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        Guarantee conditional on co-surety joining invalidates guarantor's obligation if the co-surety does not join under the contract. A guarantee stipulating that the creditor shall not act until another person joins as co surety is conditional; if that person does not join, the guarantee is invalid and the guarantor incurs no enforceable obligation under that assurance.
                          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.

                              Guarantee conditional on co-surety joining invalidates guarantor's obligation if the co-surety does not join under the contract.

                              A guarantee stipulating that the creditor shall not act until another person joins as co surety is conditional; if that person does not join, the guarantee is invalid and the guarantor incurs no enforceable obligation under that assurance.


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