Bhat, J.

Central Bank of India is the respondent in C.R.P.No.166 of 1989. Syndicate Bank is the respondent in C.R.P.No.815 of 1990. Corporation Bank is the first respondent in C.R.P. No. 1378 of 1989. The Banks filed suits for recovery of amounts advanced to certain debtors as well as against sureties for the loans and obtained decrees. Revision petitioners are such sureties. Executions were levied in enforcement of the decrees by arrest and detention in civil prison of sureties. Sureties raised plea of no means under clause (b) of the proviso to S.51 C.P.C. The executing courts passed orders holding that sureties cannot raise the plea since the decrees are for sums of money for which the judgment-debtors were bound in fiduciary capacity to account as contemplated in clause (c) of the proviso to S.51 C.P.C. and ordered arrest by separate orders. This view is supported by the decision of a learned single judge of this court in Velayudhan v. State Bank of India (1988 (1) KLT 491). The revision petitioners challenge these orders.

2. Kalliath, J. who heard CRP No. 166/89 doubted the correctness of the decision in Velayudhan's case (1988 (1) KLT491) and adjourned the matter to