Dinesh Maheshwari, J.-This Writ Petition involves the question about competence and fate of an appeal filed by defendants-appellants in which one of the appellants was a minor; but who was not represented by any guardian in the trial Court and was not even described as minor in the suit or in the appeal initially. The question arises on the facts and in the circumstances narrated in brief hereafter.

2. The petitioners Seva Ram, Gurdeva Ram and Mana Ram are sons of Kishan Singh alias Krishan Singh. The father of the petitioners Kishan Singh filed a suit under Section 88, 53 and 183 of the Rajasthan Tenancy Act joining his brother Santa Singh, his sisters Pratap Kaur and Nihal Kaur and so also his sons, the present petitioners, as Defendants No. 1 to 6. The dispute relates to 26 bighas of land in Chak 1 DBL A that was allotted to Hari Singh, father of the plaintiff and grandfather of the petitioners. It was alleged in the plaint that the said Shri Hari Singh executed a Will on 07.07.1990, bequeathing the said land in equal share to the plaintiff and the Defendant No. 1 i.e., the sons of the testator; that the said Will was revoked on 30.07.1990 and a fresh Will was executed