Indian Contract Act,1872

Act No : 9

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Section : Co-sureties liable to contribute equally

146. Co-sureties liable to contribute equally. Where two or morepersons are CO-sureties for the same debt or duty, either jointly orseverally, and whether under the same or different contracts, andwhether with or without the knowledge of each other, the co-sureties,in the absence of any contract to the contrary, are liable, as betweenthemselves, to pay each an equal share of the whole debt, or of thatpart of it which remains unpaid by the principal debtor1*. Illustraticns (a)A, B and C are sureties to D for the sum of 3,000 rupees lentto E. E makes default in payment. A, la and C are liable, as betweenthem selves, to pay 1,000 rupees each. (b)A, B and C are sureties to D for the sum of 1,000 rupees lentto E, and there is a contract between A, B and C that A is to beresponsible to the extent of one-quarter, B to the extent of one-quarter, and C to the extent of--------------------------------------------------------------------- 1 See s. 43 supra.---------------------------------------------------------------------56 one-half. E makes default in payment. As between the sureties,A is liable to pay 250 rupees, B 250 rupees, and C 500 rupees.

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