Section 88

Section 88 of the Indian Contract Act, 1872, addresses the liability of two persons who are primarily liable to one person. The section states: 'Where two persons are liable as sureties to one person, the liability of each is primary, and not secondary.' This means that when two individuals act as sureties for the same debt or obligation, each surety is independently and equally responsible for the debt. The creditor can demand payment from either surety, and the sureties are not entitled to call upon each other for contribution before paying the creditor. This provision clarifies the nature of joint suretyship and emphasizes the individual responsibility of each surety.