Gentle, J.

1. This is an application in which the applicants pray for an order: (1) that letters of administration ordered to be issued in this suit to them as plaintiffs may be granted to them in forma pauperis; and (2) that the court-fees payable in respect of the above grant of the letters of administration may be made a first charge upon the properties bequeathed to the plaintiffs under the will of the deceased dated 21st September 1920. It is conceded by the learned Counsel on behalf of the Government Solicitor that, so far as the applicants pecuniary position is concerned, they are paupers. The objection to the application is based upon two grounds: (1) that Order 33, Civil P.C. and the rules thereof are not applicable to proceedings for grants of probate or letters of administration; and (2) that, even though the contrary may be the correct view, the applicants cannot now avail themselves of the provisions of the pauper rules. There is no difference in principle between proceedings for the grant of letters of administration and proceedings for grant of probate.

2. The facts of this case are as follows: The testator by his will dated 21st September 1920 bequeathed to the p