Pundi Doraisami Tever vs Lakshmanan Chetty And Anr. on 6 March, 1903
6. I agree. There are, no doubt, several decisions which hold that before actual loss is incurred, a suit brought on a contract of indemnity for recovery of the damages which are likely to be incurred by the default of the guarantor would be premature. See Pundi Duraisami Thevar v. Lakshmana Chetty (1904) 14 M.L.J. 245. Especially in the case of an indemnity given by a principal debtor to a surety would this doctrine apply.