JUDGMENT : The two sons and wife of the judgment debtor in O. S. 430 of 1960 are the appellants in this second appeal. O. S. 480 of 1900 was filed by the respondent herein against the father of the present appellants 1 and 2. A decree was passed against the father on 6-9-1960. The decree-holder took out execution in E. P. 1189 of 1962 on 31-10-1962 against the legal representatives of the judgment debtor, as the judgment debtor died after the passing of the decree. The legal representatives of the judgment debtor, appellants 1 to 3, filed K. A. 668 of 1963 alleging that the decree against their father was obtained by fraud and collusion and that the decree is not valid and executable. In July 1963 the appellants herein filed E. A 1245 of 1988 praying for conversion of their application E. P. 668 of 1963 into a suit. The trial Court directed the conversion. But on appeal by the decree-holder the lower appellate court set aside the order of the executing court and refused conversion. This C. M. S. A. is against the order refusing conversion passed by the lower appellate court.

2. Mr. G.N. Chari, learned counsel for the appellants raised two contentions. He submitted that an a