Effect of release of one joint promisor- Section 44
The effect of release of one of the joint promisors is dealt with in Section 44 which is stated below:
Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors, neither does it free the joint promisors so released from responsibility to the other joint promisor or promisors.
Example: ‘A’, ‘B’ and ‘C’ jointly promised to pay ` 9,00,000 to ‘D’. ‘D’ released ‘A’ from liability. In this case, the release of ‘A’ does not discharge ‘B’ and ‘C’ from their liability. They remain liable to pay the entire amount of ` 9,00,000 to‘D’. And though‘A’ is not liable to pay to‘D’, but he remains liable to pay to‘B’ and‘C’ i.e. he is liable to make the contribution to the other joint promisors.
No comments:
Post a Comment