By Our Correspondent:
LAHORE – The Lahore High Court has granted significant relief to renowned Pakistani singer Rahat Fateh Ali Khan in an ongoing hereditary property dispute by restoring his appeal that had previously been dismissed over the non-payment of court fees.
Justice Muhammad Sajid Mahmood Sethi issued an eight-page judgment, setting aside the trial court’s decision and allowing the appeal to proceed. However, the court directed the singer to deposit a fine of Rs100,000 as part of the relief granted.
The case revolves around a hereditary property dispute concerning a double-storey residential house measuring 1 kanal and 9 marlas in Faisalabad. According to court records, Rahat Fateh Ali Khan had filed a civil suit seeking confirmation of possession of the property. The civil court, however, ruled against him on May 14, 2019, prompting the singer to challenge the verdict before an appellate court.
The appeal faced a setback when the trial court dismissed it on technical grounds due to the non-payment of a court fee amounting to Rs15,000. Dissatisfied with the dismissal, Rahat Fateh Ali Khan approached the Lahore High Court, arguing that the rejection of his appeal deprived him of his legal right to challenge the lower court’s ruling.
In its verdict, the high court observed that dismissing an appeal solely because court fees were not deposited was inconsistent with the broader principles of justice. Justice Sethi emphasized that courts should focus on deciding disputes on merit rather than allowing technical defects to prevent litigants from pursuing their legal remedies.
The judgment further noted that the trial court had granted the petitioner only four days to arrange and submit the required court fee, a period the high court considered insufficient. The court maintained that procedural shortcomings should not automatically result in the denial of a valuable statutory right such as an appeal.
Highlighting the importance of access to justice, the court ruled that legal proceedings should not be terminated merely because of technical lapses, especially when substantive rights are at stake. Consequently, the Lahore High Court restored the appeal and instructed the trial court to hear and decide the matter strictly on merit.
The court also directed the trial court to conclude the proceedings within two months and avoid unnecessary delays. Additionally, all parties involved in the dispute, including Rahat Fateh Ali Khan, have been ordered to appear before the relevant court on June 2.
