( 1 ) THIS appeal is directed against an order of the learned Subordinate Judge, 24-Parganas, dismissing an application under Order 9, Rule 13, Civil P. C. Ths application was filed by two persons, Provat Kumar Chatterji and Krishna Kumar Chatterji, both minors. The decree which was sought to be set aside was passed in a suit brought by their father's brother's widow Latika Debi for partition, for return of certain ornaments and for accounts as a pauper. Both Krishna and Provat were impleaded in that suit as major persons and so there was no arrangement, for their representation through any guardian. The learned Subordinate Judge gave as the main reason of dismissing the application under Order 9, Rule 13 of the Code of Civil Procedure his conclusion being that in law these two petitioners could not be regarded as parties to the suit and consequently the decree was a nullity.

( 2 ) IT has been contended before us that when the parties were, in fact, impleaded as defendants, the omission to describe them as minor did not affect the fact that they were defendants and that there was really a duty en Court to arrange for their representation.

( 3 ) WHATEVER might