Indian Contract Act Section 133 — Discharge of surety by variance in terms of contract

Summary

Any change made to the terms of the contract between the principal debtor and the creditor, if done without the surety’s consent, releases the surety from liability for transactions that happen after the change is made. This means the surety is no longer responsible for anything that occurs following the alteration, but the section does not address liability for transactions before the change.

Official Text

Any variance, made without the surety’s consent, in the terms of the contract between the principal 1[debtor] and the creditor, discharges the surety as to transactions subsequent to the variance. Illustrations

Related Judgments

• LALIT KUMAR JAIN vs UNION OF INDIA & ORS — Supreme Court of India (2021)
• AMRIT LAL GOVERDHAN LALAN vs STATE BANK OF TRAVANCORE & ORS — Supreme Court of India (1968)
• BRS VENTURES INVESTMENTS LTD. vs SREI INFRASTRUCTURE FINANCE LTD. & ANR — Supreme Court of India (2024)
• Gaiomurd Pedder Son of; Shri Nadir Pedder; Smt. Priscilla Pedder wife vs 1. SICOM Limited, a limited, Company., 2. Pedder and Pedder Titles Lim — Bombay High Court (Mumbai Principal Seat) (2019)