Article 197: Definition of default of answer

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 10840/2558 (2015)

   Section 197 defines default of answer as the defendant's failure to file an answer within the prescribed period after being served with a summons, and it works together with Section 198 on the plaintiff's ensuing application; a special court may have its own default rule that operates differently.

   The Supreme Court compared the default rule of the Central Intellectual Property and International Trade Court, under which the court declares default at once, with Section 197 of the Civil Procedure Code, quoting the section's definition and its link to the plaintiff's fifteen-day application under Section 198.

2. Arrêt de la Cour suprême n° 5336/2551 (2008)

   Section 197 does no more than fix the status: a party duly served who does not file an answer within the time allowed is in default of answer. The consequence is governed by section 198 paragraph two - the other side must apply within fifteen days of the expiry of that time for judgment or an order by default, and if it does not, the court strikes the case off the docket. Revoking one irregular hearing affects only the proceedings of that day and does not disturb steps validly taken earlier, and re-serving notice of a fresh hearing date does not start the period for pleading again.

   In an interpleader claim, the summons and a copy of the application were served on the plaintiff by posting on 17 September 2001, so an answer was due by 17 October. None was filed and the plaintiff was in default of answer under section 197. The applicant then had fifteen days, to 1 November 2001, in which to apply for judgment by default, and did not, so on 27 December 2001 the first court struck the case off under section 198 paragraph two. The Supreme Court held that correct. It rejected the argument that the fifteen days had not yet begun: the order revoking the irregular hearing of 10 October affected only that day proceedings and left the earlier valid service untouched, and re-serving notice of the new hearing date was not a direction to plead afresh. It also held that an application to have the claim re-heard is relief not calculable in money, carrying a fee of 200 baht, and ordered the excess returned.

3. Arrêt de la Cour suprême n° 15018/2551 (2008)

   Because small claims cases have their own default of answer rules under Sections 193 and 193 bis, the ordinary case default rules in Sections 197 and 198 cannot be applied to them, so a small claims plaintiff need not file the Section 198 application on the defendant's default.

   The Supreme Court held that the specific small claims default rules displace Sections 197 and 198, so when a small claims defendant defaults the plaintiff is not required to make the ordinary application under Section 198 paragraph two for a default judgment.

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