G.K. Sharma, J. - (1.) -This is a revision petition filed by the petitioner against the order of the Sessions Judge, Jaipur City, Jaipur, dated 6th April, 1983, whereby he set-aside the orders dated 11.5.82, 20-10.78 and 26.5.81 passed by the Munsif & Judicial Magistrate No. 11, Jaipur City, Jaipur.
(2.) An application was submitted before the Judicial Magistrate with the request to recall his previous orders dated 20.10.78 and 26.5.81. Learned Magistrate rejected the application on 11.5.82 and held that he has no power to recall his own orders as prayed in the application. The application was. therefore, rejected. The non-petitioners went in revision against that order before the learned Sessions Judge, Jaipur City, Jaipur, who agreeing with the non-petitioners set-aside the order of the learned Magistrate, dated 11.5.1982. He has also set-aside the previous orders of the same Magistrate, dated 20.10.78 and 26.5.1981. Against this order, the petitioners have come in revision.
(3.) It has been argued that the Sessions Judge has limited scope in the revisions petitions Learned Sessions Judge has no jurisdiction to set-aside the orders dated 20.10.78 and 26.5.81 as there was no revision against these two orders. The order dated 11.5.1982 of the learned Magistrate was challenged in revision petition before the Sessions Judge and he could have only decided this revision on the point of this order. While accepting the revision petition, he set-aside the order dated 11.5.82 and also the orders dated 20.10.78 and 26.5.1981. This is beyond his jurisdiction. While accepting the revision petition the Sessions Judge should have remanded the case to the learned Magistrate directing that he can recall his own order and pass necessary orders after hearing the parties. But in spite of giving this decision, the learned Sessions Judge exceeded his powers and decided that cognisance taken by the learned Magistrate on this complaint is also set-aside. When the cognisance was taken by the learned Magistrate, it was for the non-petitioners to go in revision or appeal.;