Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art. 76---Constitution of Pakistan (1973), Art. 185(3)---Document, proof of---Secondary evidence---Original arbitration agreement was claimed to be lost---Without permitting respondent to adduce secondary evidence in proof of arbitration agreement, the Trial Court made the award rule of Court---High Court in earlier round of litigation between the parties, had observed that some positive evidence should have been led by the respondent as to the loss of the original arbitration agreement---Validity---High Court was justified in taking the view that on account of the dismissal of application for permission to lead secondary evidence, the respondent was prevented by the Trial Court from the compliance of earlier of High Court---Trial Court was directed by the High Court to treat the application of the respondent as pending and to record the evidence of the parties thereon---High Court further directed the Trial Court to decide the issues framed on the basis of the existing evidence in case the loss of the original arbitration agreement was proved---Not necessary for the High Court to address the other submissions even if made by the petitioner because of the failure of the Trial Court to comply with the order of remand of the case by High Court---No substantial question of law of public importance was involved in the case so as to call for any interference with passed by High Court---Leave to appeal was refused. Muhammad Tayab v. Akbar Hussain 1995 SCMR 73 ref. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks grant of leave from order, dated 4-2-2002 passed by the Lahore High Court, Lahore in F.A.O. No.96 of 1995. 2. The facts of the case, succinctly stated, are that the respondent No. 1 filed on 13-10-1988 an application under sections 14 and 17 of the Arbitration Act, 1940 for filing the award, dated 5-8-1988 of the Arbitrator Colonel (Retd.) Ahmed Iqbal Tawana and for making the award rule of the Court. The trial Court framed as many as 14 issues. After recording the evidence of the parties the application of respondent No.1 was allowed by the trial Court on 11-5-1991. The appeal bearing F. A. O. No. 119 of 1991…

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