contract of guarantee<\/a>, there is an implied promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the principal debtor whatever sum he has rightfully paid under the guarantee. This is because the surety has suffered a loss due to the non-fullfillment of promise by the principal debtor and therefore the surety has a right to be compensated by the debtor.<\/p>\n\n\n\nExample:<\/strong>
\nLuthra and co has taken a loan from Khaitan and co where Amarchand acts as\nsecurity on behalf of Luthra. Khaitan demands payment from Amarchand and on his\nrefusal sues him for the amount, Amarchand defends the suit having reasonable\ngrounds for doing so, but he is compelled to pay the amount of the debt with\ncosts. He can recover from Luthra the amount paid by him for costs, as well as\nthe principal debt.<\/p>\n\n\n\n