By S&S Co. Advocates & Solicitors · Published 8 January 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
In boundary and encroachment disputes, civil courts commonly appoint a commissioner, often a surveyor or a revenue official, to inspect the land and report on the location of the boundary. The power to appoint a commissioner for local investigation is found in Order XXVI of the Code of Civil Procedure, 1908.
A commissioner's report is evidence, not a binding finding. It forms part of the record, but the court is not bound to adopt it, and each party is entitled to object to it and, where appropriate, to seek to examine the commissioner on the method and findings. A court is generally expected to give the parties a real opportunity to raise objections before relying on the report.
At the same time, a report prepared by a qualified person after an inspection with notice to both sides is usually given considerable weight. A party who wants to displace it should point to specific defects, such as an error in the title documents used, an inspection without proper notice or a flawed method, rather than a general statement that the report is wrong. Objections not raised in time are also hard to revive at final hearing or appeal.