Section 2: Which court may receive a plaint

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 8192/2560 (2017)

   For a victim's claim for compensation joined to a criminal case under Criminal Procedure Code Section 44/1, the court need not consider whether it has civil jurisdiction under Section 2(1) and the Constitution of the Courts of Justice Act, so a single judge may award damages exceeding the ordinary civil limit.

   The plaintiff sought civil compensation in a criminal case in an amount above a single judge's ordinary civil jurisdiction. The court held that a compensation claim attached to a criminal case under Criminal Procedure Code Section 44/1 is not subject to the Section 2(1) civil jurisdiction test, so the single judge could award the full amount.

2. Arrêt de la Cour suprême n° 1193/2559 (2016)

   Where the plaint itself shows that the contract sued on was made in a place within the court's area, the cause of action arose there and the plaint is properly submitted to that court under section 4(1). The court's power to try the case under section 2(1) is a different question, and a refusal to accept the plaint on that ground is unlawful.

   Although the plaint gave the defendant's domicile as Nakhon Pathom, it alleged that the plaintiff and the defendant had made the sale contract at Hat Yai, and the attached copy of the contract recorded that it was made at a hotel in Hat Yai, Songkhla. The cause of action therefore arose at Hat Yai, within the jurisdiction of the Songkhla Provincial Court, so submitting the plaint to that court was proper under section 4(1). The Supreme Court held the trial court's refusal to accept the plaint was unlawful and ordered it accepted.

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