Lahore High Court has reinstated singer Rahat Fateh Ali’s appeal in a hereditary property dispute, directing the trial court to reconsider the case on its merits.
The Lahore High Court has restored an appeal filed by renowned singer Rahat Fateh Ali Khan in a contentious property case. The appeal had been dismissed earlier due to non-payment of court fees, but the high court overturned this decision and set aside the trial court's ruling. Justice Muhammad Sajid Mahmood Sethi issued an eight-page verdict directing the petitioner to deposit a fine of Rs100,000.
Rahat Fateh Ali Khan had approached a civil court in Faisalabad seeking confirmation of possession over a double-storey house measuring one kanal and nine marla. However, on May 14, 2019, the civil court passed a decree against him. In response, he challenged the ruling before the trial court but faced dismissal due to his failure to deposit a court fee of Rs15,000 within the stipulated time.
Following this dismissal, Rahat Fateh Ali Khan moved the Lahore High Court for relief. The high court's verdict emphasized that dismissing an appeal solely on technical grounds is against the principles of justice and should be avoided. Justice Sethi the trial court had granted only four days for submission of the fee, which was deemed insufficient.
The high court observed that the right of appeal is a valuable legal right and should not be taken away due to such technical defects. It directed all parties involved to appear before the relevant court on June 2 and instructed it to decide the appeal strictly on merit within two months without granting unnecessary adjournments. This decision underscores the importance of ensuring fair judicial processes in property disputes.
The high court's ruling highlights the need for a more balanced approach by lower courts when dealing with appeals, emphasizing that cases should be decided based on their merits rather than being dismissed due to procedural technicalities.
