- (1.)IT is an appeal filed by the plaintiff against an order, dated 27-8-2001, passed by learned XIVth Additional District Judge, Indore in C. A. No. 38-A of 2001, which in turn arises out of Civil Suit No. 300-A of 1999, decided by 1st Civil Judge, Class II, Indore, on 22-8-2000. It seeks to challenge the remand order passed by the First Appellate Court when the First Appellate Court allowed the appeal, set aside the judgment of Trial Court and remanded the case for fresh trial. The question that arise for consideration in this appeal is, whether remand order is justified on facts, or not ?
(2.)IT is not in dispute, that the issue involved in the suit out of which this appeal arises involves a case of encroachment. In other words, the dispute in the suit relates as to how much land is in possession of the defendant. According to plaintiff, it is a case of encroachment on his land whereas, defendant dispute this position.
(3.)IN a case of encroachment of land, where parties are unable to decide how much land is in possession of parties, as against the actual land, then in such cases, it is necessary to appoint a Commissioner to make the spot inspection and submit the report in relation to land belonging to parties to the suit so that one can find out the exact extent of land in possession of the parties.