254 — วิธีคุ้มครองชั่วคราวก่อนพิพากษา

คำแปลภาษาไทย

In cases other than petty cases, the plaintiff is entitled to file with the court, together with the plaint or at any time before judgment, an ex parte application asking the court to make an order, subject to the conditions set out below, to provide any of the following protective measures:
(1) to seize or attach, before judgment, the disputed property or the whole or part of the defendant's property, including any sum of money or property of a third person that is due to be paid or delivered to the defendant;
(2) to make an order temporarily restraining the defendant from repeating or continuing the tort, the breach of contract, or the act complained of, or any other order to relieve the injury or damage the plaintiff may continue to suffer from the defendant's act, or an order temporarily restraining the defendant from transferring, selling, removing, or disposing of the disputed property or the defendant's property, or an order to stop or prevent the waste or deterioration of such property, until the case becomes final or the court orders otherwise;
(3) to order the registrar, competent official, or other person having authority under the law to suspend, temporarily, the registration, the alteration of a registration, or the revocation of a registration relating to the disputed property or the defendant's property, or relating to the act complained of, until the case becomes final or the court orders otherwise, so far as this does not conflict with the provisions of the relevant law;
(4) to arrest and detain the defendant temporarily during the period from when the court of first instance or the Court of Appeal has read the judgment or the order deciding the case or deciding the appeal, until the time the court of first instance has forwarded the case record on appeal or dika to the Court of Appeal or the Supreme Court, as the case may be.
An application under this section shall be filed with the court of first instance, and the court of first instance shall have power to grant or dismiss such an application.

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