I.A. Ansari, J.

1. Can a claim for compensation, under the Fatal Accidents Act, 1855, (in short, 'the Act of 1855') be made by making a mere application, in the Court of District Judge, within whose territorial jurisdiction the cause of 'action' has arisen or whether such a claim for compensation has to be made by instituting a 'suit' in a Court of competent jurisdiction or is the person, claiming compensation, in such a case, has the option of either making an application, in the Court of District Judge, seeking compensation or instituting an appropriate 'suit' in a civil Court of competent jurisdiction? Is there any distinction between a 'suit' and an 'action' or whether the words, 'suit' and 'action', are two interchangeable words? Where lies the origin of 'suit' or 'action'? Is the English legal system of the Courts of 'common law' and the 'Courts of equity' has any bearing on the enactment of the Fatal Accident Act, 1855, and if so, what is the effect thereof? By following a system, which may not be entirely in accordance with the prescribed procedure of law, when Courts have passed orders for fairly long period of time and such orders have already been acted upon, whet