Law:

Section:

Civil Procedure Code (V of 1908).......... ..........-O. XXVI, R. 9..........Mesne profits..........Assessment of..........Report of Commissioner..........Scope..........Commissioner was appointed to determine the share of mesne profits of plaintiffs..........Defendants objected the report of Commissioner but same was declined..........Contention of defendants was that no opportunity to cross-examine the Commissioner was provided to them..........Validity..........Examination of Commissioner under O.XXVI, R.9, C.P.C. was not mandatory..........Court had discretion to examine or not to examine and also to disallow such examination if there was no real ground for it..........Commissioner had recorded statements of local zamindars which were also part of his report for assessing the share of mesne profits..........Trial Court was not bound to allow cross-examination of Commissioner by the defendants..........Job of Commissioner was to assess the mesne profits after evaluating the income and expenditure of the defendants..........Objections over the report of Commissioner or making application for appointment of new Commissioner was nothing but an attempt to delay the matter..........Nothing was on record that report of Commissioner was prejudicial to the interest of defendants..........Final decree had been passed on the basis of report of Commissioner and same had not been challenged..........No illegality or irregularity had been pointed out in the impugned order passed by the court below..........Constitutional petition was dismissed in circumstances. ORDER MUHAMMAD IQBAL MAHAR, JUSTICE.......... Through instant petition, the petitioners have challenged the order dated 12.07.2011 passed by learned VIth: Additional District Judge, Hyderabad in Civil Revision Application No.73 of 2010, whereby he maintained the order dated 19.05.2010 passed by learned IInd: Senior Civil Judge, Hyderabad in respect of the Commissioner's report filed in F.C. Suit No.19 of 1987. 2. Brief facts of the case are that respondents filed a F.C. Suit No.19 of 1987 in the Court of IInd: Senior Civil Judge, Hyderabad for declaration, cancellation of the entries of gift, partition and mesne…

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