Section 134 to 136

 Section 134-----discharge of surety by release of discharge of principal debtor-----

The surety is discharged by any contract between the creditor and principal debtor 

By which the principal debtor is released or by any act or omission of creditor 

The legal consequences of which is the discharge of the principal debtor 

Illustrations 

A.A gives a guarantee to C for goods to be supplied by C to B .

C supplies goods to B and afterwards.B becomes embarassed and contracts with his creditors to assign to them his property in consideration of this releasing him from their demands .here B is released from his debt by the contracts with C and A is discharged from his suretyship .



B. A contracts with B to grow crops of indigo on A 's land and so it deliver it to B at a fixed rate and C Guarantees A 's performance of this contract.B diverts a stream of water which is necessary for irrigation of A 's land and thereby prevents him to growing indigo.C is no longer liable on his guarantee.



C.A contracts with B for a fixed to build a house for B within a stipulated time .B supplying the necessary timber .C guarantees A 's performance of the contract .B omits to supply the timber .C is discharged from his suretyship .


**********************



Section 135. Discharge of surety when creditor compounds with ,gives time to or agrees not to sue , principal debtor --- A contract between the creditor and the principal debtor  by which the creditor makes a composition with 

Or promise to give time to or not to sue 

The principal debtor 

Discharge the surety 

Unless the surety assent to such contract.


There are three basis to discharge of a surety

A.compound 

Where creditor compounds with principal debtor without consent of surety then  conditions of  contract is changed.surety is discharged.



B.promise to extend time


Example 1

Where a principal was to give price of gas within 14 days . He could not pay  this payment within 14 days .creditor took promise letter instead of this payment .the effect of this to extend time .so surety had discharged from his liability.


Example 2

In this case creditor bank had given the time to fulfil scarcity of pledged goods .there is not intention to extend the time .so in this case liability of surety is not discharged.



 

C.promise not to sue 

Where creditor contracts with principal debtor not to sue .then liability of surety is automatically discharged.





Section 136 -----surety not discharged when agreement made with third

Person to give time to principal debtor ---:where a contract to give time to the principal debtor is made by the creditor with a third person and not with the principal debtor the surety is not discharged.

Illustrations 

C the holder of an overdue bill of exchange drawn by A as surety for B and accepted by B contract with M to give to B .A is not discharged. 

*********************


Section 137 ---creditors 's forbearance to sue does not discharge surety ----mere forbearance on the part of the creditor to sue the principal debtor is or to enforce any other remedy against him ,does not

In the absence of any provision in the guarantee to the contrary , discharge the duty .









Comments

Post a Comment

Popular posts from this blog

Corner stone class no.2 topic present continuous

  Topic---present continuous By adv.pankaj joshi इस काल में घटनाएं व‌र्तमान में घटित हो रही होती है Sub+is/am/are+V4+object V4----v1+ing----going,sleeping,eating, writing etc. यदि he,she,it,any singular कोई काम वर्तमान में कर रहा है तो is+v4 आयेगा यदि  you ,we ,they,any plural कोई काम वर्तमान में कर रहा है तो are+v4 आयेगा यदि I कोई काम वर्तमान में कर रहा है तो  am+V4 आयेगा  Sub+is/am/are+not+V4+oB ENGLISH   1.my choleric father is smoking Hubble bubble on cot in a commodious field. 2. Your diligent mother is grinding wheat with a quern in wee hours 3.my impish children are playing hide and seek game in searing sun 🌞. 4.my boozer neighbour is drinking like a fish 🐠 adjacent a sappy garden . 5.a  mendicant is grovelling before a rich person for two square meal a day . 6.a child labourer is work in a precarious industry for his bread and butter . 7.i am assaying of concrete proofs to send him gallows . 8.you are sacking him due to his laxity and letharg...
Read more

Corner stone class no.1 by adv.pankaj joshi

Image
  Topic no.1 ----tense no.1---present indefinite Sub+v1/v5+object ---affirmative sentence Sub+does not/do not+v1+object-----negative sentence  Explanation ---जब कर्ता he/she/it/any singular हो और वाक्य सकारात्मक हो तो v5  आयेगा  जब कर्ता he/she/it/any singular हो और वाक्य नकारात्मक हो तो  does not+v1आयेगा  1.He/she /it/any singular ---v5/does not+v1 V5---v1+es/s ********************** जब कर्ता I/you/we/they/any plural  हो और वाक्य सकारात्मक हो तो v1आयेगा और वाक्य नकारात्मक हो तो donot+v1 आयेगा । 2.you/we/they/I/any plural---v1/do not+v1 Simple sentences  1.an adroit doctor treats the patients in an expensive hospital. 2.the theist people worship in edifice temple. 3.a farmer/tiller reaps the crops with a sickle . 4.my neighbour sells spurious ghee to make a quick buck . 5.the people stroll in sappy garden in wee hours . 6.the children prank in jampacked class . 7. My friends toil from dawn to dusk to get the first rank /take the 🍰 cake 8. All the...
Read more

Corner stone class no.31

  Corner stone class no.31 करने‌ लगा A.sub+began to +v1+object B.sub+started +V4+ob भुतकाल में किसी काम की शुरुआत को बताने के लिए इस नियम को प्रयोग किया जाता है ******************** English sentences  1. A guzzler began to demolish palatable meal due to his keen appetite . 2.a tyro doctor began to botch my treatment due to his laxity and apathy  3. Some hooligans began to stalk a gorgeous girl to molest her  4.they began to barged into a Bank and scuffle with ponderous watchman  5. A formidable snake began to raise its hood to sting me  6.i started crushing this fierce snake 's hood with a stick . 7. He started wandering in a bizarre maze and shedding tears . 8.my indigent brother started rearing cattle to nurture his offspring  9.a butcher started slaughtering cattle ruthlessly to earn his bread and butter  10.the rioters  started shouting slogan against anarchy despite mild lathi charge  1. मेरे कच्चे घर में जबरदस्ती  घुस कर वह मु...
Read more