MODI, J.—An interesting question of law has been raised before us in this appeal on behalf of the legal representatives of the deceased respondent Mst. Parwati Devi that this appeal has abated under Order 22 of the Code of Civil Procedure and should, therefore, be dismissed as such. The question arises in the following circumstances:

2. Mst. Parvati Devi widow of Navneetlal brought the suit in forma pauperis, out of which this appeal arises, against the defendant State for recovery of damages amounting to Rs. 20,000/- under the Fatal Accidents Act (No.13 of 1855) (hereinafter called the Act). It is sufficient to state for our present purposes that the case of the plaintiff was that her husband Navneetlal was employed as a clerk in the office of the Executive Engineer, Public Works Department at Bhilwara, and while he was travelling on official business in truck No.RJE 131 belonging to the State on the 19th of May, 1952 it caught fire as its engine was defective and some petrol tins were allowed to lie therein which also caught fire and as a result thereof the said Navneetlal had to jump out of the truck and in so doing he struck against a stone and got killed almost instantaneously.

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