45 — การสูญเสียผู้แทนหรือความสามารถของคู่ความ

คำแปลภาษาไทย

If it appears to the court that one party has become a person of incapacity, or that the statutory representative of a party who is a person of incapacity has died or has ceased to have authority as representative, the court shall postpone the hearing for a reasonable period so that the statutory representative, or a new statutory representative, may give notice of his appointment by submitting an application in the form of a motion to the court for that purpose. If no such application is submitted, section 56 shall apply. If the representative or counsel of a party has died or has ceased to have authority as representative, the court shall postpone the hearing until the party has filed a motion with the court giving notice that a new representative or counsel has been appointed, or until that party expresses the wish to conduct the case in person. However, if the court thinks fit or upon the ex parte application of the other party, the court shall have the power to fix a reasonable period so that the party has the opportunity to give notice of such appointment or of his wish. In such a case, if the party fails to give notice within the period fixed, the court may order the hearing to be resumed on any day as it thinks fit. The provisions of the preceding paragraph shall apply mutatis mutandis to the case where the statutory representative of a person of incapacity ceases to have authority by reason that such person has regained capacity.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก