DISCHARGE OF SURETY

AUTHOR – CHANAKYA DESAI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA SIU

BEST CITATION – CHANAKYA DESAI, DISCHARGE OF SURETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 293-297, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Contract of indemnity and contract of guarantee, both are specific contracts and motive of these both is to protect the plaintiff or any other person from loss. In indemnity, indemnifier himself or any third party will recover the loss there is no obligations; but in guarantee, surety should had obligations to recover loss. The main function in the guarantee is to recover the loss or payment of debt etc; will be paid by surety to the creditor, which should have been given by principal debtor. This duty of the surety can also be discharged. Discharge of the surety means discharging of the surety from his obligations, when by any variance made without the surety consent, in terms of the contract between principal debtor and the creditor. Not only that but there are many other ways to discharge the surety which is mentioned in Indian contract act, 1872 from section 133 – 139.