Indian Contract Act, 1872
147. Liability of co-sureties bound in
different sums
Co-sureties who are bound in different sums are liable to pay
equally as far as the limits of their respective obligations permit.
Illustrations
(a) A, B and C, as sureties for D, enter into three several bonds
each in a different penalties namely, A in the penalty of 10,000 rupees, B in
that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D's duly
accounting to E.D makes default to the extent of 30,000 rupees. A, B and C are
each liable to pay 10,000 rupees.
(b) A, B and C, as sureties for D, enter into three several
bonds each in different penalty namely, A in the penalty of 10,000 rupees, B in
that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D's duly
accounting to E. D makes default to the extent of 40,000 rupees. A is liable to
pay 10,000 rupees, and B and C 15,000 rupees each.
(c) A, B, A and C, as sureties for D, enter into three several
bonds, each in a different penalty, namely, A in the penalty of 10,000 rupees,
B in that of 20, 000 rupees, C in that of 40, 000 rupees, conditioned of D's
duly accounting to E. D makes default to the exeunt 70,000 rupees. A,B and C
have to pay each the full penalty of his bond.