1. The judgment and decree dated 12.4.2005 and made in A.S.No.65 of 2002 on the file of the learned District Judge, Salem, confirming the judgment and decree dated 2.4.2002 and made in O.S. No.3 of 1998 on the file of the learned District Munsif, Salem, have been challenged in this Memorandum of Second Appeal.

2. The appellants are the plaintiffs in the suit in O.S.No.3 of 1998 on the file of the learned District Munsif, Salem and the respondents 1 to 3 are the defendants. For the sake of convenience and for easy reference, the appellants may hereinafter be referred to as the plaintiffs and the respondents be referred to as the defendants, wherever the context is so require.

3. This Second Appeal came to be admitted on the following singularly singular substantial question of law:

“When the assets of the principal debtor which exceed the value of the debt dues – are very much available for being proceeded against, is not the act of the institution in proceeding against the assets of the Guarantor, a result of an arbitrary exercise of power?”

4. The first plaintiff is a Partnership Firm wherein the second plaintiff and the third plaintiffs are the partners. The fourth plaintiff