JUDGMENT :- This appeal is directed against the order of the learned District Judge of East Tanjore, in O. P. No. 64 of 1953, rejecting the application for permission to sue as a pauper under Or. XXXIII, Rule 5(d) (1), C. P. Code.

2. The allegations in the petition are: The first respondent is the owner of a licensed cargo boat bearing No. 88. The second respondent is the managing agent of the first respondent and is also a contractor doing business at Negapattinam. On or about 12-3-1952 the 2nd respondent on behalf of the first respondent engaged among others the petitioners son Krishnaraju as a crew of the boat for the purpose of carrying beedi tobacco bundles from Nagapattinam port. After loading, the boat left the port on 12-3-1952. On the voyage the petitioners son died in the boat on 16-3-1952 near Tranquebar.

On enquiry the petitioner learnt that death of the petitioners son was caused by the cross-beam of the mast of the boat breaking and falling on his son. The 2nd respondent who was in charge of the boat was negligent in not seeing that the cross-beam of the mast was in a fit condition. The petitioner, therefore, claimed a compensation or Rs. 3635 under the Workmen