The Lahore High Court has restored an appeal filed by renowned singer Rahat Fateh Ali Khan in a hereditary property dispute case.
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The appeal had previously been dismissed by a trial court due to non-payment of a court fee.
Court sets aside trial court ruling
Justice Muhammad Sajid Mahmood Sethi issued an eight-page verdict and set aside the trial court’s decision.
However, the court directed Rahat Fateh Ali Khan to deposit a fine of Rs100,000.
Dispute relates to Faisalabad property
According to the judgment, the singer filed a civil suit in Faisalabad seeking confirmation of possession of a double-storey house.
A civil court issued a decree against him on May 14, 2019.
Subsequently, he challenged that decision through an appeal.
Appeal dismissed over court fee
The trial court later dismissed the appeal because a court fee of Rs15,000 had not been paid.
As a result, Rahat Fateh Ali Khan approached the Lahore High Court for relief.
LHC stresses importance of deciding cases on merit
The high court observed that dismissing an appeal solely for non-payment of a court fee was inconsistent with the principles of justice.
Furthermore, the judgment noted that the petitioner received only four days to submit the fee.
The court considered that period insufficient.
Justice Sethi emphasized that the right to appeal is an important legal right.
Therefore, courts should decide cases on merit rather than on procedural or technical shortcomings.
Trial court directed to conclude case promptly
The Lahore High Court directed the trial court to hear and decide the appeal on merit within two months.
Additionally, the court instructed Rahat Fateh Ali Khan and all other parties to appear before the trial court on June 2.
