LHC nullifies trial court decision on dismissing appeal plea of Rahat Fateh

LAHORE
Lahore High Court (LHC) has declared null and void trial court decision for dismissing the appeal plea of Rahat Fateh Ali Khan for not depositing court fee.
The renowned Pakistani singer Rahat Fateh Ali Khan has got relief in inheritance property dispute case.
The court while restoring the appeal of Rahat Fateh Ali Khan directed to deposit Rs one lac fine.
According to decision Rahat Fateh Ali Khan filed claim in civil court regarding verification of possession of one kanal, 9 marlas double storey house in Faisalabad.
Civil court had issued degree against Rahat Fateh Ali Khan on May 14, 2099. Later Rahat Fateh Ali Khan filed appeal against civil court decision in trial court.
It was further said in the decision that trial court dismissed the plea on technical basis for not depositing Rs 15000 on account of court fee.
Rahat Fateh Ali Khan resorted to LHC against trial court decision. Dismissing the appeal plea merely for not depositing court fee runs contrary to the norms of justice.
The court told in the decision dismissing the plea on mere non payment of fee or technical fault should be avoided. Trial court gave time of only four days to the petitioner for depositing court fee which was not sufficient. The right to appeal is a precious legal right and it cannot be abolished on mere technical fault.
LHC wrote decisions on appeals should be made on merit and not merely on the basis of technical faults.
Trial court should decide on appeal within two months on merit without any adjournment.
The court ordered Rahat Fateh Ali Khan and other respondents to appear before respective court on June 02.