2018 PLP 700 (MLD)

MUHAMMAD ALAM, J.

Petitioners felt aggrieved from order dated 28-04-2015, of the learned District Judge Hunza-Nagar, in C.F.A. No.1 of 2015, whereby, the learned first appellate court ordered for maintaining the judgment/order of the learned trial Court dated 05-03-2015, passed in Civil Suit No.1 of 2015. Hence this petition with the following prayer:-- "It is therefore, humbly prayed that the impugned judgments/orders of the learned lower courts may kindly be set aside and application under Order XXXIX Rules 1 and 2 read with sections 151/94, C.P.C. may kindly be granted as prayed for to meet the ends of justice."

2. Petitioners/plaintiffs filed the suit praying that the area of mountain Shiks, with the boundaries described in the plaint, is the exclusive ownership of petitioners/ plaintiffs. In reply to the contents of plaint, respondents/defendants filed written statement dated nill and pleaded that suit property is exclusive property of the respondents/ defendants. It is not disputed that petitioners/plaintiffs did not implead the Government of Gilgit-Baltistan as party to the case. In the averments of pleadings of parties, it is evident that dispute between the parties is regarding the work of mining in the suit mountain. Parties claimed their title to the work of mining being carried out by either of the parties on the suit mountain. Petitioners/plaintiffs filed a petition under Order XXXIX, Rules 1, 2 read with sections 151/94, C.P.C., seeking temporary injunction till disposal of the suit. Through order dated 05-03-2015, the learned trial court dismissed the said petition and adjourned the case for filing and framing of issues. On appeal against the said order, learned first appellate court upheld the order of the learned trial Court.

3. I have heard learned counsel for parties and have thoughtfully considered the so advanced arguments. In the case in hand, the subject matter of the suit is admittedly mining of precious stones or mines from the suit area. Parties to the case have their rival claims to the subject matter of the suit. Both the learned courts below did not pass any direction for impleading the Provincial Government of Gilgit-Baltistan as party to the case. In my opinion, the Government of Gilgit-Baltistan is the most important and necessary party to the case, as mines or precious stones are natural resources, particularly, when such stones and mines are found in the mountains. Gilgit-Baltistan is obviously a mountainous area and all the mountains in the area are rich in such natural resources. At this stage of the case, I hold that the impugned orders are correct, but I direct the learned trial court for impleading the Provincial Government for Gilgit-Baltistan as defendant.

4. In the light of above discussion, I dismiss this petition with direction to the learned trial court for impleading the Provincial Government of Gilgit-Baltistan as defendant. Petition dismissed. This file be consigned to record. ZC/61/GB Revision dismissed.