Horwill, J.

1. The plaintiff was the creditor of the deceased undivided father of defendant 1. He has brought this suit for an administration of such part of the mothers estate as is liable for his fathers debts. The trial Court held that such a suit lay. In appeal the Subordinate Judge of Tenali, interpreting Section 218, Succession Act, held that the suit was not maintainable. Two questions have been discussed in second appeal. One is whether, in view of the fact that defendant 1 was undivided from his father, an administration suit would be maintainable, and, secondly, even if it were, would the plaintiff, against the interest of a number of other creditors, be able to maintain the suit.

2. With regard to the first point, there can be no doubt that although, for the purpose of the execution of decrees, decrees already passed against a deceased father can be executed against the son by virtue of Section 53, Civil P. C, yet defendant 1 is not the legal representative of the deceased debtor. Nevertheless, unless the debts have been incurred for illegal or immoral purposes, the obligations of defendant 1 are precisely those of an heir ; for defendant 1 is liable for his father