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Transfer Application No. 4571C of 1984, decided on 29th January, 1985.
---S. 24--Transfer of civil case--Transfer application opposed on plea that Court from where suit was sought, to be transferred had no jurisdiction to try same--Objection to jurisdiction of Court also raised in written statement--Trial Court directed to dispose of issue regarding jurisdiction expeditiously and applicant could approach High Court again in case objection of jurisdiction failed before trial Court --[Jurisdiction]
S.M. Tayyab for Petitioner.
Mian Ehsanul Haq Bakhtiar for Respondent.
This transfer application is opposed on the plea that the Court before whore the declaratory suit is pending has no jurisdiction to entertain it as only the special Court constituted under Banking Companies (Recovery of Loans) Ordinance, 1979 has jurisdiction in the matter. The submission is that section 24, C.P.C. would be attracted, only if the suit sought to be transferred, is found to be pending before a competent Court.
2. It has also been pointed out to the Bench that an objection to the jurisdiction of the civil Court, has already been raised by the respondent in his written statement. As the question of jurisdiction is subjudice before the learned Court below any decision on this issue by this Court, would amount to pre-empting the jurisdiction of the lower Court. The learned trial Court is, therefore, directed to dispose of the issue regarding jurisdiction expeditiously. The applicant can approach this Court again in case the respondent's objection fails before the trial Court. This transfer application is disposed of accordingly.
M. A. K.
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