57 — การร้องสอดเข้าเป็นคู่ความ

คำแปลภาษาไทย

An outsider who is not a party may enter as a party by way of intervention: (1) of his own volition, because he sees it as necessary in order to secure the recognition, protection, or enforcement of a right he possesses, by filing an application with the court where the case is under trial; or, where he has a claim connected with the enforcement of a judgment or order, by filing an application with the court that issued the writ of execution; (2) of his own volition, because he has a legal interest in the outcome of the case, by filing an application with the court at any time before judgment, seeking leave to enter as a co-plaintiff or co-defendant, or to substitute himself entirely for one of the parties with that party's consent; but even though the court has allowed such substitution, that party remains bound in every respect by the judgment of the court as though no substitution had taken place; (3) by being summoned into the case: (a) upon the application of either party, made in the form of a motion showing grounds that it may sue or be sued by such a party, for the exercise of a right of recourse or for indemnity, should the court decide the case against that party; or (b) by order of the court, when the court thinks fit, or when either party so applies, in a case where the law requires the outsider to enter the case, or where the court sees it necessary to summon the outsider into the case in the interest of justice. But where either party is to summon the outsider into the case as aforesaid, it shall do so by filing a motion for the summons together with the plaint or the answer, or at any time thereafter before judgment with the court's leave, when the court is satisfied that the motion could not have been filed earlier. Service of a summons on the outsider under this subsection must be accompanied by a copy of the application or of the court's order, as the case may be, and by the plaint instituting the case. The provisions of this Code do not deprive a creditor of the right to exercise the claims of his debtor and to summon the debtor into the case as provided in the Civil and Commercial Code.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก