Syed MANSOOR AHMAD vs Mst. MAQBOOL BEGUM And Other
This review petition was filed against the judgment of the Supreme Court of Pakistan in Civil Appeal No. 43/1988, dated 17th December, 1989. The petitioner contended that while closing his evidence before the trial court, he had requested that the evidence and documents from set-aside arbitration proceedings be brought on record, and since the respondents did not object, this material should have been considered as evidence. The Supreme Court held that this contention was devoid of substance and, furthermore, could not be raised for the first time in a review application since it was not raised during the main hearing of the appeal. Finding no other error or ground for interference with the judgment under review, the court dismissed the petition.
- Can a party raise a new plea for the first time in a review application if it was not raised during the main hearing of the appeal?
- Whether documents and evidence from set-aside arbitration proceedings can be automatically treated as evidence in a trial court without proper admission, solely on the ground of lack of objection by the opposing party?
ORDER
1. ZAFFAR HUSSAIN MIRZA, J.---The main ground urged in support of this petition for review of the judgment of this Court in Civil Appeal No.43/1988, dated 17th December, 1989, is that while closing his evidence before the trial Court, the petitioner had requested the Court to bring on record the evidence and documents forming part of the arbitration proceedings, the award passed wherein had been set aside and as this request was not objected to by the respondents, the aforesaid material ought to have been considered as evidence. Besides being devoid of substance this contention cannot be raised for the first time in the review application as it was not raised at the main hearing.
2. Learned counsel was unable to point out any other error or make out any ground for interference with the judgment under review. The review petition is accordingly dismissed.