The Lahore High Court (LHC) has restored an appeal filed by Rahat Fateh Ali Khan in a long-running dispute over ancestral property in Faisalabad, setting aside a trial court’s decision that had dismissed the case on procedural grounds.
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Justice Muhammad Sajid Mahmood Sethi issued an eight-page judgment, ruling that the singer’s appeal should be heard on merit rather than rejected solely due to the non-payment of court fees. The court directed Rahat Fateh Ali Khan to deposit a fine of Rs100,000 while restoring the appeal.
According to the judgment, the singer had filed a civil suit in Faisalabad seeking confirmation of possession of a double-storey ancestral house. A civil court had issued a decree against him on May 14, 2019, prompting him to challenge the decision before a higher court.
However, the trial court dismissed the appeal after court fees amounting to Rs15,000 were not deposited within the stipulated period. The dismissal led Rahat Fateh Ali Khan to approach the Lahore High Court for relief.
In its ruling, the high court observed that the right to appeal is an important legal right and should not be denied merely because of technical shortcomings. The court noted that the appellant had been granted only four days to submit the required court fee, a period it considered insufficient under the circumstances.
Justice Sethi emphasized that courts should prioritize resolving disputes on their merits rather than focusing exclusively on procedural defects. The judgment stated that access to justice should not be restricted because of technical irregularities when substantive legal issues remain unresolved.
The high court subsequently set aside the trial court’s order and instructed it to proceed with hearing the appeal on merit. It also directed the lower court to conclude proceedings within two months and avoid unnecessary delays.
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Furthermore, the court ordered Rahat Fateh Ali Khan and all other parties involved in the case to appear before the trial court on June 2, allowing the matter to move forward under the revised directions.
The decision is seen as reinforcing the principle that procedural lapses should not automatically prevent litigants from pursuing their legal remedies.