Article 131: How the court disposes of a case

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3278/2563 (2020)

   Where the court accepts a civil claim and dismisses it on the facts pleaded and the documents attached, it has decided the issues of the case under Section 131(2), which is a judgment on the merits rather than a refusal or return of the complaint under Section 18.

   The trial court accepted the civil claim, took the facts in the complaint and attached documents, and dismissed it. The Supreme Court held this was a decision on the issues of the case under Section 131(2) and amounted to a judgment, not a refusal or return of the complaint under Section 18, so no court fee was refundable.

2. Arrêt de la Cour suprême n° 9375/2559 (2016)

   Dismissing an application after the applicant fails to bring evidence to support it is a decision on the case under Section 131(2), so a later application on the same ground is a repeated proceeding barred by Section 144.

   The applicant sought to be substituted as judgment creditor but did not appear at the inquiry, and the court dismissed the application. The Supreme Court held this was a decision on the case under Section 131(2), so a fresh application on the same transfer ground was a repeated proceeding barred by Section 144.

3. Arrêt de la Cour suprême n° 4819/2566 (2023)

   Sections 131 and 133 require the court to decide the issues of a case that has not been struck out by making a judgment or order at the close of proceedings.

   In deciding whether a procedural irregularity should be revoked, the Supreme Court explained that for a case filed and not struck from the docket, Sections 131 and 133 require the court to decide the issues by a judgment or order at the close of proceedings, with the court having full power under Section 104 to weigh the evidence.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.