S. RAMACHANDRA IYER, C.J. :- This is an appeal by the second defendant is O. S. No. 35 of 1961 against the order of the Subordinate Judge of Padmanabhapuram, directing execution of the decree, by his arrest. The decree-holder, who is the (first) respondent to this appeal, had advanced certain moneys to one Mohamed Ayoob who was given certain overdraft facilities-by the bank. The appellant guaranteed the payment of the liabilities incurred by Mohamed Ayoob. The latter had also secured certain properties belonging to him to the bank. On his failure to honour his obligations, O. S. No. 35 of 1961 was filed against Mohamed Ayoob as well as the appellant. The latter contested the claim on the ground that he was a surety and in the events that happened he was not liable for the suit claim. Alternatively, he claimed that the decree should be made enforceable against him only if there were to be any surplus left after the sale of the mortgagees properties.

A preliminary decree was passed on 22nd February, 1962. In form, it was a preliminary mortgage decree against the first defendant and the properties with a personal decree against the second. There was also a provision for a pass