240 — วิธีที่ศาลอุทธรณ์วินิจฉัยคดี

คำแปลภาษาไทย

The appellate court has power to decide the case merely by considering the appeal, the answer to the appeal, and all the documents and evidence in the case file forwarded by the court of first instance, except:
(1) where the appellate court has set a date to hear oral submissions as provided in Section 241; but if either party or both parties fail to appear at the appointed time, the appellate court may proceed with the case, and its judgment or order shall not be regarded as a judgment by default;
(2) where the appellate court is not yet satisfied by its consideration of the appeal, the answer to the appeal, and the evidence appearing in the case file, then, subject to Section 238 and only on the issues under appeal, the court shall have power to frame the issues, take evidence already taken or evidence it thinks fit to take further, and conduct the proceedings generally as provided in this Code for proceedings in the court of first instance; and the provisions of this Code concerning proceedings in the court of first instance shall apply mutatis mutandis;
(3) in a case in which the parties appeal on a question of law, if the appellate court is of the opinion that the court of first instance has not yet considered or decided a question of fact that is material to the issues, the appellate court shall have power to order the court of first instance to consider such a question of fact, and then to give judgment according to the case.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก