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Citedby 99 docs - [View All]
State Bank Of Saurashtra vs Chitranjan Rangnath Raja And Anr on 30 April, 1980
Industrial Finance Corporation ... vs Thletdc.An&Naonrosr.E Spinning ... on 12 April, 2002
Col. K.S. Malik And Anr. vs Oriental Bank Of Commerce And Ors. on 25 August, 2003
Indian Bank, Sardar Patel Road, ... vs Mrs. M. Ambika And Others on 22 March, 2000
M. Chettyappan And Ors. vs State Bank Of India, Nungambakkam ... on 11 March, 1992

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[Complete Act]
Central Government Act
Section 141 in The Indian Contract Act, 1872
141. Surety' s right to benefit of creditor' s securities.- A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and, if the creditor loses, or, without the consent of the surety, parts with such security, the surety is discharged to the extent of the value of the security. Illustrations
(a) C advances to B, his tenant, 2, 000 rupees on the guarantee of A. C has also a further security for the 2, 000 rupees by a mortgage of B' s furniture. C cancels the mortgage. B becomes insolvent, and C sues A on his guarantee. A is discharged from liability to the amount of the value of the furniture.
(b) C, a creditor, whose advance to B is secured by a decree, receives also a guarantee for that advance from A. C afterwards takes B' s goods in execution under the decree, and then, without the knowledge of A, withdraws the execution. A is discharged.
(c) A, as surety for B, makes a bond jointly with B to C, to secure a loan from C to B. Afterwards, C obtains from B a further security for the same debt. Subsequently, C gives up the further security. A is not discharged.