Indian Contract Act,1872

Act No : 9

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Section : Liability of co-sureties bound in different sums

147.Liability of co-sureties bound in different sums.-Co-suretieswho are bound in different sums are liable to pay equally as far asthe limits of their respective obligations permit. Illustrations (a)A, B and C, as sureties for D, enter into three several bonds,each in a different penalty, namely, A in the penalty of 10,000rupees, B in that of 20,000 rupees, C in that of 40,000 rupees,conditioned for D's duly accounting to E. D makes default to theextent of 30,000 rupees. A, B and C are liable to pay 10,000 rupees. (b)A, B and C, as sureties for D, enter into three several bonds,each in a different penalty, namely, A in the penalty of 10,000rupees, B in that of 20,000 rupees, C in that of 40,000 rupees,conditioned for D's duly accounting to E. D makes default to theextent of 40,000 rupees. A is liable to pay 10,000 rupees, and B andC 15,000 rupees each. (c)A, B and C, as sureties for D, enter into three several bonds,each in a different penalty, namely, A in the penalty of 10,000rupees, B in that of 20,000 rupees, C in that of 40,000 rupees,conditioned for D's duly accounting to E. D makes default to theextent of 70,000 rupees. A, B and C have to pay each the full penaltyof his bond.

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