( 1 ) I agree with my brother Dwivedi that the State Government revised under Section 7-F an order passed by the Additional District Magistrate and not the order passed by the Commissioner under Section 3 (3) refusing to revise it. The record of the case before the Additional District magistrate was summoned by the State Government and the requirement of Section 7-F was fulfilled. The permission to file a suit was refused by the Additional District Magistrate. It cannot be deemed to have been refused by the Commissioner even though he confirmed it. The power of Section 7-F is to be exercised against an order refusing to grant permission for the filing of a suit and it was the Additional District Magistrate who refused it and not the commissioner. The Commissioners jurisdiction was to revise the Additional District magistrates order if he found that he had acted illegally, incorrectly, improperly or with irregularily. He did not act as an appellate Court. Consequently the State Government was required, if at all, to send for the record of the Additional District Magistrates court and not that of the Commissioners.

( 2 ) THERE is no question of applying the doctri