Renowned singer Rahat Fateh Ali Khan has secured major relief from the Lahore High Court in an inheritance property dispute after the court set aside a trial court decision that had dismissed his appeal over non-payment of court fees.
Justice Muhammad Sajid Mahmood Sethi issued an eight-page written judgement on Rahat Fateh Ali Khan’s petition.
The Lahore High Court declared the trial court’s decision to dismiss the singer’s appeal for non-payment of court fees null and void. The court also restored Rahat Fateh Ali Khan’s appeal and directed him to deposit a fine of Rs100,000.
According to the written judgement, a claim seeking confirmation of possession of a double-storey house measuring one kanal and nine marlas had been filed in a civil court. The civil court had issued a decree against Rahat Fateh Ali Khan on May 14, 2019.
Following the decision, the singer filed an appeal before the trial court challenging the civil court’s ruling.
Appeal dismissed over court fee issue
The judgement stated that the trial court dismissed Rahat Fateh Ali Khan’s appeal on technical grounds because court fees amounting to Rs15,000 had not been deposited. The singer subsequently approached the Lahore High Court against the dismissal order.
The high court noted that the trial court had granted the petitioner only four days to deposit the court fee, which it considered insufficient.
Court says justice should prevail over technicalities
In its ruling, the Lahore High Court emphasized that dismissing an appeal merely because court fees were not paid is contrary to the requirements of justice. It observed that the right to appeal is a valuable legal right and cannot be terminated solely on the basis of a technical defect.
Justice Sethi wrote that appeals should be decided on their merits rather than being rejected due to procedural shortcomings.
The judgement further stated that courts should avoid dismissing appeals solely due to non-payment of fees or technical errors. According to the court, substantive justice must take precedence over procedural technicalities whenever possible.
The ruling reinforces the principle that litigants should be given a fair opportunity to have their cases heard and decided on merit.
The court directed all parties, including Rahat Fateh Ali Khan, to appear before the relevant court on June 2. The court also instructed the trial court to decide the appeal on merit within two months and without unnecessary delay.
