A person acting as a 'surety' will be liable only when the promisor fails in his promise. In this connection, I have the following doubts to be cleared:
[list=1][*]Can the promisee act against the surety without taking recourse against the promisor first merely becasue the promisor is 'not responding'?[/*][*]If any liability devolves on the surety, will he have any recourse against the promisor?[/*][*]If the surety is a joint surety (no. 2), does he incur the liability jointly with #1 or he would be called upon to pay only after #1 also fails?
[/*][*]What are the laws governing the above and can you indicate the specific sections please?
[/*][/list]Thanks & Regards.
1) Yes
2)Yes
3) No
4) Chapter VIII of Indian Contract Act, Sections 124 to 147
