This second appeal is against the Judgment and Decree dated 12.7.1994 passed by First Additional Judge to the Court of District Judge, Vidisha in Civil Appeal No. 81-A/91, arising out of the Judgment and decree passed by Additional Civil Judge Class-II, Vidisha in Civil Suit No. 27-A/82.

Plaintiffs-appellants have preferred this appeal against the dismissal of the suit filed on the ground that the defendants encroached upon the disputed land shown in the plaint map. The claim was denied. The trial Court dismissed the suit. An appeal preferred before the lower appellate Court has also been dismissed. Against which the appellants have preferred this appeal.

Counsel for the appellants submitted that dispute in the suit is that the defendant has made encroachment. This has been denied by the defendant. There is no agreed map and as such the matter cannot be determined effectively unless competent Revenue Officer is appointed as commissioner to demarcate and measure the spot.

It is pertinent to note that the Court has discretion to issue a commission, it is not an arbitrary but judicial discretion to be exercised according to well established principles. The appointment of a Co