व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. V B 1-2 ] SURETYSHIP 207
M. p. 107 l. 26-p. 108 l. 7 ]
to another ) ; ( the fourth says ) ' I shall deliver ' (debtor's assets to the
creditor ) ¹
' Apayiṣyāmi ' ( in Bṛhaspati ) means ' I shall make him pay '.
Kātyāyana says :
Three fortnights at the most should be allowed for finding out the
absconding ( debtor ) If during that time he ( the surety ) produces him
( the debtor ) the surety would be absolved from liability.
' Three fortnights ' is merely indicative. The meaning is : as much
time as is required ( for producing the debtor ), so much should be allowed.
Kātyāyana says
If the surety for appearance cannot produce ( the debtor ) at the time
and place ( agreed upon ), he should carry out what he has bound him-
self for, except where ( debtor does not appear ) through act of God or
the king.
' Nibandham-āvahet ' means ' he should pay the money due to the
creditor '. Bṛhaspati ( p. 327 v. 41 ) says :
The first two sureties ( for appearance and honesty ) must be made to
pay the sum that may be declared to be due at the time ( when the
debtor should have paid ) in case of failure ; but the latter two and in
their absence their sons also ( are liable to pay ) ²
Kātyāyana says ·
The debt ( of the grandfather ) arising from suretyship should in no
case be paid by the grandson ; even the son need pay only the principal
( of the suretyship debt ) of his father in all cases.
Vyāsa also says ·
A *grandson must pay the debt of his grandfather ( except suretyship
debts ), a son has to pay his father's debt arising from suretyship, but
only the principal , but the sons of these two should not be made to pay
(the debt of their great-grandfather and grand-father respectively) , this is
the settled rule ³

1. The first three varieties of Bṛhaspati correspond respectively to the surety for
   appearance, honesty and for repayment. The fourth kind of surety undertakes to hand
   over the property ( furniture in the house &c. ) of the debtor in case the latter does not pay
2. ' The latter two '— this means ' the surety for payment ' and ' for delivery of the
   debtor's chattels '. The son of the surety for honesty and appearance is not liable to pay
   his father's suretyship debt but the sons of the other two kinds of sureties are liable to pay
   ( but not the grandsons ). In Tukarambhat v Gangaram 23 Bom 454 at p 459 the texts
   of Yāj., Bṛ. and Kāt are examined and it is held that ancestral property in the hands of
   sons is liable for the suretyship debts of their father, when latter was surety for payment
   of money or delivery of goods , vide 28 Mad 377, 89 Cal. 843, 26 All 611
3. The text of Vyāsa applies when a man stands surety without receiving any
   monetary consideration. The son of the grandson need pay no debt of the great-grandfather
   while the son of the son need not pay the suretyship debt of his grandfather. In Narayan
   v. Venkatacharya 28 Bom 408 this is quoted There are apparently conflicting texts about
   the liability of descendants for their ancestor's debts. But the conflict will not exist if each

• P, 177 ( text ).