มาตรา 198 ทวิ — การพิพากษาโดยขาดนัดต้องมีมูล

คำแปลภาษาไทย

The court shall not render a judgment or an order adjudicating the plaintiff the winning party on the ground of the defendant's default of answer unless the court is of the opinion that the plaint has merit and is not contrary to law. In this regard, the court may of its own motion raise a point of law concerning public order.
For the purpose of rendering a judgment or an order adjudicating the case under paragraph one, the court may take evidence ex parte on the plaintiff's allegations or take other evidence as it thinks necessary. However, in cases concerning the rights of personal status, family rights, or disputes concerning ownership of immovable property, the court shall take the plaintiff's evidence ex parte, and the court may of its own motion call for other evidence to be taken as it thinks necessary in the interests of justice.
In fixing the amount of money according to the plaintiff's prayer for relief, the court shall proceed as follows:
(1) where the plaintiff prays for an order requiring the defendant to pay a debt of a fixed sum of money, the court shall order the plaintiff to submit documentary evidence as the court thinks necessary in place of taking oral evidence;
(2) where the plaintiff prays for an order requiring the defendant to pay a debt in a sum that cannot be fixed with certainty, the court shall take the plaintiff's evidence ex parte, and the court may of its own motion call for other evidence to be taken as it thinks necessary.
If a defendant who is in default of answer does not appear at the court on the day of taking evidence under this Section, that defendant shall not be deemed to be in default of appearance.
If the plaintiff does not bring evidence to prove the case under this Section within the period fixed by the court, the plaintiff's case shall be deemed to be without merit, and the court shall dismiss the plaintiff's action.

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