192 — การเปลี่ยนคดีมโนสาเร่กับคดีสามัญ

คำแปลภาษาไทย

When the court is of the opinion that the case filed is not a small claims case and that court has jurisdiction to try the case as an ordinary case, then if the case was filed by an oral statement, the court shall order the plaintiff to submit a written complaint as in an ordinary case; but if the case has already been filed by a written complaint, the court shall not issue any summons other than that prescribed for an ordinary case.
If the case ceases to be a small claims case because an additional complaint has subsequently been submitted, and that court has jurisdiction to try the case as an ordinary case, the court shall proceed to try it as an ordinary case.
In either of the aforesaid cases, if the court has no jurisdiction to try the case as an ordinary case, the court shall order the complaint to be returned for submission to the court having jurisdiction.
Where the defendant files a counterclaim in a small claims case and that counterclaim is not a small claims case, or where the court orders an ordinary case to be tried jointly with a small claims case, the court shall try the small claims case as an ordinary case. However, when the court, having considered the amount in controversy, the nature of the case, the status of the parties, or other reasonable grounds, is of the opinion that applying the provisions of this Chapter to the counterclaim or such ordinary case would make the proceedings speedy and fair to all parties, the court shall have the power to try that counterclaim or ordinary case as a small claims case.
An order of the court under paragraph four shall not affect the court fees that each party is liable to pay before the court makes such an order.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก