Law:

Section:

Jurisdiction Duty of Court Rule of propriety ¬Applicability Once challenge to jurisdiction was made then before embarking on merits or taking any decision in the matter, Court as a rule of propriety should first decide question of its jurisdiction Such rule of propriety was fully applicable in all cases where challenge to jurisdiction was posed and in such a situation it was incumbent upon the Court to first advert to question of jurisdiction When Court would come to a conclusion that it had jurisdiction, it could then proceed to pass appropriate order. Qatar Airways PLC v. ANZ Grindlays Bank 2000 PLC 1455; Mst. Yasmeen Nizhat v. National Bank of Pakistan PLD 1998 SC 391 and Asadullah Rashid v. Muhammad Munir 1998 SCMR 2129 ref. THIS JUDGMENT DELIVERED BY: MUSHIR ALAM, JUSTICE:---.--- Through this judgment, we intend to dispose of High Court Appeal No.28 of 2001 (viz. Muslim Commercial Bank Ltd. v. Tahir Edible Oil (Pvt.) Ltd. and 3 others) and High Court Appeal No. 41 of 2001 (Tahir Edible Oil (Pvt.) Ltd. v. Pan Centuary Edible Oils SDN BHD and 3 others). Both the appeals arise out of an order dated 29 1 2001, passed by learned Judge in chamber on an application under Order 37, Rules 1 & 2 C.P.C. (C.M.A. No.3887 of 2000) filed in Suit No.736 of 2000. Briefly the facts relevant for the purposes of disposal of these appeals are that M/s Tahir Edible Oil (Pvt.) Ltd., opened a Letter of Credit through Muslim Commercial Bank Limited for the import of RBD Palm Oil alleged to be purchased from Pan Centuary Edible Oils Kuala Lumpur. It appears that some dispute arose between the buyers and sellers regarding the quality, quantity and condition of letter of credit. Plaintiff in suit prayed for the following reliefs: (a) Since the Letter of Credit was Conditional and was accepted unconditionally by the defendants 1 and 3, the terms and conditions of the said Letter, to Credit were binding on the parties and amounts to an agreement between the parties. (b) That the defendant No. 4 was not liable to pay any amount to the defendant No.1 and/or 3 unless the funds are paid to the defendant No.4 by the plaintiff. (c) That the defendant No: 4 being the banker of the…

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