Article 161: Correcting or Dismissing a Defective Charge

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 298/2567 (2024)

   An unsigned charge is not correct under Section 158(7), but this is a minor defect that can be cured. Under Section 161 paragraph one the court must order the plaintiff to correct it, especially where the trial court has not yet ruled on the merits, rather than dismiss the case.

   The plaintiff had not signed the charge, making it defective under Section 158(7). The Court held this was a minor, correctable error and that under Section 161 paragraph one the court must order the plaintiff to correct it, particularly since the merits had not yet been decided.

2. Arrêt de la Cour suprême n° 1552/2566 (2023)

   Where an appeal pleading is defective because it was drafted and signed by a person not authorised to draft appeals, the appellate court should use its power under Section 161 paragraph one together with Section 215 to order the defect corrected, rather than dismiss the appeal.

   The appeal was drafted and signed as drafter by someone not registered as an authorised lawyer. The Court held the appellate court should have ordered the defect corrected under Section 161 paragraph one with Section 215, and disapproved the dismissal of the appeal, remitting the matter for correction within a set time.

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