' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- This petition calls in question judgment, dated 8th June, 2004 passed by the Lahore High Court, Multan Bench in Writ Petition No,2483 of 2004.
2. Precisely stating facts of the case are that parties preferred their dispute to an Arbitrator arising out of civil suit filed by the petitioner in the Court of Civil Judge, Multan. The Arbitrator gave the award which was objected to and finally the same was made rule of the Court, it may be noted that after the appointment of Arbitrator the petitioner-defendant submitted application for cancellation of his appointment but could not succeed in his effort and ultimately a petition for leave to appeal instituted by him before this Court was also dismissed vide order dated 19th June, 2003. However, after filing of arbitration award objections were submitted on it which were taken into consideration and were disposed of as a result whereof award was made rule of the Court vide judgment, dated 16th September, 2003.. Petitioner preferred a revision before the Additional District Judge, Multan which was dismissed on 13th May 2004. A writ was also filed by the petitioner which too was dismissed on 28th June, 2004, hence instant petition for leave to appeal has been filed.
3. Learned counsel stated that the objections had not been disposed of by the, learned Civil. Judge after framing issues and providing opportunity to him to produce the evidence. It may be noted that the learned trial Court had taken into consideration the objection and after hearing the parties had disposed of the same but the evidence was not recorded perhaps there was no need to do so.
It is next contended by the learned counsel that the Arbitrator has mis-conducted as the statement of the petitioner was not recorded. In this behalf learned counsel for caveat had invited our attention towards the objection filed by the petitioner before the trial Court wherein he himself admitted that his statement was recorded but perhaps, it was not according to his own wishes.
4. Since the petitioner had failed to make out a case of misconduct before learned trial and High Court on the part of the Arbitrator because no interference was shown, as such for this reason we are also not inclined to examine the factual controversy under Article 185(3) of the Constitution of Islamic Republic of Pakistan.
' Thus for the forgoing reason petition is dismissed.