Indian Contract Act, 1872
137. Creditor's forbearance to sue does
not discharge surety
Mere forbearance on the part of the creditor to sue the
principal debtor or to enforce any other remedy against him, does not, in the
absence of any provision in the guarantee to the contrary, discharge the
surety.
Illustration
B owes to C a debt guaranteed by A. The debt becomes payable. C
does not sue B for a year after the debt has become payable. A is not
discharged from his suretyship.