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A, B and C are sureties to D for the sum of 3,000 rupees lent to E. There is no contract among the…

Illustration (a) to section 146 holds that "A, B and C are liable, as between themselves, to pay 1,000 rupees each". Section 146 provides that co-sureties, "in the absence…

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A, B and C are sureties to D for the sum of 3,000 rupees lent to E. There is no contract among the sureties about their shares. E makes default in payment. As between themselves, how are A, B and C liable?

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Correct answer D

Illustration (a) to section 146 holds that "A, B and C are liable, as between themselves, to pay 1,000 rupees each". Section 146 provides that co-sureties, "in the absence of any contract to the contrary", must each pay an equal share of the whole debt or of the unpaid part. The creditor may still sue any one surety for the whole, but that surety can then claim contribution from the others.

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