Surety not discharged when agreement made with third person to give time to principal debtor
Section 136 of the Indian Contract Act, 1872 deals with surety not discharged when agreement made with third person to give time to principal debtor. Where a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor, the surety is not discharged. The Act came into force on 01 Sep 1872.
Where a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor, the surety is not discharged.
Illustration
C, the holder of an overdue bill of exchange drawn by A as surety for B, and accepted by B, contracts with M to give time to B. A is not discharged.
Section 136, The Indian Contract Act, 1872 (Act 9 of 1872).
Questions about Section 136
What does Section 136 of the Indian Contract Act deal with?
Section 136 of the Indian Contract Act is headed "Surety not discharged when agreement made with third person to give time to principal debtor". Where a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor, the surety is not discharged.
How do I find court cases under Section 136 of the Indian Contract Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contract Act 136, section 136 Contract Act, section 136 of the Indian Contract Act. People searching for it also type contract act 1950 act 136. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 136 of the Indian Contract Act come into force?
Section 136 of the Indian Contract Act, cited as Contract Act 136, came into force on 01 Sep 1872, having been enacted on 25 Apr 1872. It is in force as at the date shown on this page.
Other sections of this Act
- 73. Compensation for loss or damage caused by breach of contract1822 words
- 23. What considerations and objects are lawful, and what not596 words
- 74. Compensation for breach of contract where penalty stipulated for577 words
- 28. Agreements in restraint of legal proceeding void512 words
- 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law423 words
- 16. "Undue influence" defined397 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.