Plz aswer

IPCC 902 views 2 replies
  1. A, B and C, as sureties for D, enter into three several bonds each in a different penalties namely, A in the penalty of Rs.10,000, B in that of Rs.20,000, C in that of Rs.40,000 conditioned for D’s duly accounting to E. D makes default to the extent of Rs.30,000

Sec 147

As between the co-sureties: A, B and C are each liable to pay Rs.10,000

 

  1. A, B and C, as sureties for D, enter into three several bonds each in a different penalties namely, A in the penalty of Rs.10,000, B in that of Rs.20,000, C in that of Rs.40,000 conditioned for D’s duly accounting to E. D makes default to the extent of Rs.40,000

Sec 147

As between the co-sureties: A is liable to pay Rs.10,000 and B & C Rs.15,000 each

 

Can you explain me the difference between both of them ??

Replies (2)

In the first case :-

1.   D has defaulted till the amount of Rs.30,000.  As co-sureties liabllity is co-extensive. So each would pay the equal amount. So A, B , and C all had to pay 10,000 for defaulted money.

 

2. But in second case , A has given surety upto Rs.10,000  and defaulted money amount is 40,000 e.g. everyone should pay 13,333.33

So it exceed the A's surety amount 10,000. Hence A will pay till the amount of Surety i.e.(10,000). and the rest amount  of 30,000 is being Shared by  B & C respectively in equal manner.

ohkkk thanks a lot

now i understood :)


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