TANVEER AHMED vs IMTIAZ ANWAR S — 2025 PLD 486 LAHORE-HIGH-COURT-LAHORE

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TANVEER AHMED VS IMTIAZ ANWAR S. 36---Civil Procedure Code (V of 1908), O. XXXVII, R. 1 & 2---Suit for recovery on the basis of a promissory note---Insufficient stamp duty---Objection regarding insufficient stamp duty---Trial Court admitting a document in evidence---Effect---Defendant filed appeal as the Trial Court decreed the suit---Submission of the appellant/ defendant was that the Trial Court though exhibited the documents yet vowed to address the objection (qua insufficient stamp duty) at the time of final decision, but said objection had not been appropriately addressed by the Court at the time of final decision---Held, that the submission was totally misconceived; firstly in view of S. 36 of the Stamp Act, 1899, which provides that once a document has been admitted in evidence, such admission cannot be called into question at any stage of the suit or in proceedings, on the ground that the instrument has not been duly stamped; and secondly, such objection has to be decided there and then when the document is tendered in evidence---Once the Court, rightly or wrongly, admits the document in evidence and allows the parties to use it in examination and cross-examination, so far as the parties are concerned, the matter is closed---Party challenging the admissibility of the document must be alert to see that the document is not admitted in evidence by the Court---In the present case as the promissory note had been admitted in evidence, the same cannot be reviewed or revised by the same Court or a Court of superior jurisdiction---High Court set-aside the impugned judgment and decree, consequently, respondent's suit was dismissed---Appeal, filed by defendant, was allowed, in circumstances.

TANVEER AHMED vs IMTIAZ ANWAR S — 2025 PLD 486 LAHORE-HIGH-COURT-LAHORE

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