' This transfer application is opposed on the plea that the Court before whom 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 sub juiced 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.