JUDGMENT

Mallik, J. - This rule is directed against an order by which an application made by one Hiralal De for permission to sue as a pauper was allowed by the second Subordinate Judge of Dacca on 29th June 1933. One Dina-bandhu De was travelling in a motor launch, named the "Meghna" on 17th January 1933, when due to the negligent navigation of the Serang of the SS "Mikir" owned by the Rivers Steam Navigation Co. Ltd., there was a col-lision between the steamer and the motor boat with the result that Dina-bandhu De was drowned. On these allegations Dinabandhu's two sons, Hiralal De and Jitesh Chandra De, filed a plaint suing the Rivers Steam Navigation Co. Ltd., for damages under the Fatal Accidents Act (Act 13 of 1855). The plaint however was presented by Hiralal alone and not by Jitesh. The learned Subordinate Judge rejected the application of Jitesh but allowed that of Jitesh's brother Hiralal; and it is against this order allowing Hiralal's application for permission to sue in forma pauperis that the present rule is directed.

2. This rule, in my opinion, must be made absolute. As I have stated above, the damages that, were claimed were under the Fatal Accidents Act. u/s 1 of tha