The Lahore High Court has overturned a lower court’s dismissal of renowned singer Rahat Fateh Ali Khan’s appeal in a contentious ancestral property dispute spanning Faisalabad, ruling that technical procedural lapses should not override access to justice.
Justice Muhammad Sajid Mahmood Sethi delivered an eight-page judgment on Wednesday, setting aside the trial court’s decision and mandating a fine of Rs100,000 while allowing the case to proceed on its substantive merits. The ruling comes after the trial court had originally dismissed Khan’s appeal in May 2024 due to non-payment of Rs15,000 in court fees within a four-day deadline, a timeframe the LHC deemed unreasonably restrictive.
The dispute stems from a civil suit filed by Khan in Faisalabad seeking legal confirmation of possession over a double-storey ancestral property. A civil court had rendered a decree against him in May 2019, prompting his initial appeal before the trial court. Following the trial court’s dismissal, Khan approached the LHC, arguing that the appeal’s rejection was based on overly stringent procedural compliance.
The high court emphasized that the right to appeal is fundamental and cannot be curtailed by minor technical deficiencies. It stressed that courts must prioritize adjudication on merit rather than dismissing cases over administrative oversights. The judgment further directed the trial court to conclude the appeal within a period of two months, underscoring the need for expedited yet fair resolution.
The LHC also scheduled a hearing for June 2, requiring all parties, including Khan, to present themselves before the court for the next course of proceedings.
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