.
LAHORE:
The Lahore High Court has restored an appeal of singer Rahat Fateh Ali in a hereditary property case, setting aside its dismissal by a trial court.
The appeal had been dismissed over non-payment of court fee. The high court restored the appeal and directed the petitioner to deposit a fine of Rs100,000.
According to an eight-page verdict issued by Justice Muhammad Sajid Mahmood Sethi, Rahat Fateh Ali Khan had approached a civil court seeking confirmation of possession over a double-storey house measuring one kanal and nine marla in Faisalabad.
However, the civil court had passed a decree against him on May 14, 2019.
The singer had challenged the civil court’s ruling before the trial court, but the appeal had been dismissed on technical grounds after he failed to deposit a court fee of Rs15,000 within the stipulated time.
Following the dismissal, the applicant had moved the LHC for relief.
The high court observed that dismissing an appeal merely on the basis of non-payment of court fee was against the principles of justice, adding that courts should avoid rejecting appeals solely on technical defects.
The judgment noted that the trial court had granted only four days for submission of the fee, which was insufficient. The court emphasised that the right of appeal is a valuable legal right and should not be taken away on technical grounds, stressing that cases should be decided on merit.
The LHC directed all parties 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.
