206 — ชนะเพราะขาดนัดอย่างเดียวไม่ได้

คำแปลภาษาไทย

Neither party may request the court to decide the case in its favour on the sole ground that the other party is in default of appearance. The court shall decide the case in favour of the party who appears only when it is of the view that that party's allegations have merit and are not contrary to law. For this purpose, the court may of its own motion raise a point of law relating to public order.
For the purpose of deciding the case under paragraph one, the provisions of Section 198 bis, paragraph two and paragraph three, shall apply mutatis mutandis to the case of the party who appears.
During an ex parte trial, if the party in default of appearance comes to court after the taking of evidence has begun to some extent and notifies the court at the first opportunity that it wishes to proceed with the case, then where the court is of the view that the default of appearance was not intentional or that there was reasonable cause, and the court has not previously ordered a retrial upon that party's application under Section 199 ter, which also applies to default of appearance under Section 207, the court shall order the case to be tried anew. In such a case, if that party again defaults of appearance, it may not request a retrial under this Section.
In the case under paragraph three, if the party in default of appearance did not notify the court, or the court is of the view that the default of appearance was intentional or without reasonable cause, or the request for a retrial is prohibited by law, the court shall proceed with the proceedings, but:
(1) the court shall not allow the party in default of appearance to adduce evidence if that party comes to court after the time for adducing its evidence has passed;
(2) if the party in default of appearance comes to court after the other party has already adduced its evidence, the court shall not permit the party in default of appearance to object to such evidence by cross-examining the other party's witnesses who have already testified, or by objecting to the listing of documents, or by objecting to a request for the court to conduct an inspection or to appoint a court expert; but if the other party has not yet completed adducing its evidence, the court shall allow the party in default of appearance to rebut only the evidence adduced after it came to court;
(3) in such a case, the party in default of appearance has no right to request a retrial.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก