PROVINCE OF THE PUNJAB Through Secretary, Irrigation And Power
This petition for leave to appeal was filed before the Supreme Court of Pakistan by the Province of Punjab against the respondent. The primary issue raised by the petitioner was whether the respondent qualified as a 'workman'. However, the record demonstrated that this specific question was neither raised at the initial trial stage nor presented in the subsequent appeal before the learned Additional District Judge. Instead, the petitioner sought to agitate this factual issue for the first time during the exercise of revisional jurisdiction before the High Court. The High Court refused to entertain the new plea at the revisional stage. The Supreme Court upheld the decision of the High Court, holding that a new plea cannot be allowed to be raised for the first time in revisional proceedings when it was omitted at trial and first appeal. Consequently, finding no merit in the petition, the Supreme Court dismissed the application for leave to appeal.
- Can a party raise a new question of fact for the first time in revisional jurisdiction before the High Court?
- Whether the High Court properly exercises its discretion by refusing to entertain an issue not agitated at trial or first appeal?
1. SAAD SAOOD JAN, J.--The only question raised in this petition for special leave to appeal is whether the respondent was a workman. Admittedly this question was not agitated either at the trial or in appeal before the Additional District Judge. The High Court very properly refused to entertain it for the first time in revisional jurisdiction. This petition is without any merit and is hereby dismissed.