1. This appeal arises out of a suit for partition. The first question argued before us relates to the genuineness and validity of the will of one Appa Raw. He died on the 5th July 1908 and a will was executed by him on the same date, then an application for probate was made, but as no executor was designated in the will, letters of administration with the will annexed were granted on the 15th April 1909. The citations were properly served as required by law and evidence was taken as to the due and proper execution of the will. An application was after-wards made by some of the parties for revocation of the letters of administration. That application was refused and the order was confirmed in appeal. It also appears that a suit was instituted by the second defendant in 1909 (O.S. No. 79 of 1909) seeking for a declaration that the adoption of the plaintiff by the 6th defendant, the validity of which depended on the authority granted by the will, was invalid. That suit was dismissed by the first court and the decree was confirmed by the Lower Appellate Court and in second appeal by this Court. It is now argued on behalf of the appellants that they should have an opportunity of