Section 131 — How the court disposes of a case
Statutory text (Thai original)
คดีที่ยื่นฟ้องต่อศาลนั้น ให้ศาลปฏิบัติดังนี้
(๑) ในเรื่องคำขอซึ่งคู่ความยื่นในระหว่างการพิจารณาคดีนั้น โดยทำเป็นคำร้องหรือขอด้วยวาจาก็ดี ให้ศาลมีคำสั่งอนุญาตหรือยกเสียซึ่งคำขอเช่นว่านั้น โดยทำเป็นหนังสือหรือด้วยวาจาก็ได้ แต่ถ้าศาลมีคำสั่งด้วยวาจาให้ศาลจดคำสั่งนั้นไว้ในรายงานพิสดาร
(๒) ในเรื่องประเด็นแห่งคดี ให้ศาลวินิจฉัยชี้ขาดโดยทำเป็นคำพิพากษาหรือคำสั่ง หรือให้จำหน่ายคดีเสียจากสารบบความตามที่บัญญัติไว้ในลักษณะนี้
English translation
In a case filed with the court, the court shall proceed as follows:
(1) as to an application which a party files during the proceedings, whether made in the form of a motion or made orally, the court shall order granting or dismissing that application, whether in writing or orally; but if the court gives the order orally, the court shall record that order in the full report;
(2) as to the issues of the case, the court shall decide by making a judgment or an order, or shall strike the case from the docket as provided in this Title.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 131 opens the Title on adjudication by classifying the court's two modes of disposal. Under (1), interim applications made during proceedings, by motion or orally, are dealt with by an order granting or dismissing them, and any oral order must be recorded in the full report to preserve it. Under (2), the substance of the dispute, the issues of the case, is resolved by a judgment or an order, or the case is struck from the docket under the following sections. The distinction matters because a decision on the issues of the case, even one dismissing a claim on the pleadings, is an adjudication under 131(2) rather than a mere refusal to accept the case. The section reads together with Sections 132 (striking out) and 133 (timing of judgment).
Why this matters in practice
Understanding whether the court has decided your issues under 131(2) or merely ruled on an application under 131(1) affects your appeal rights and deadlines, so read every order carefully. If a court dismisses your claim after looking at the complaint and its attachments, that is usually a judgment on the merits, not a refusal to accept the case, which changes what you can do next. If you are unsure how to characterise a ruling or how to respond, take advice quickly, because appeal periods run fast.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3278/2563 (2020)
Where the court accepts a civil claim and dismisses it on the facts pleaded and the documents attached, it has decided the issues of the case under Section 131(2), which is a judgment on the merits rather than a refusal or return of the complaint under Section 18.
The trial court accepted the civil claim, took the facts in the complaint and attached documents, and dismissed it. The Supreme Court held this was a decision on the issues of the case under Section 131(2) and amounted to a judgment, not a refusal or return of the complaint under Section 18, so no court fee was refundable.
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Supreme Court Judgment No. 9375/2559 (2016)
Dismissing an application after the applicant fails to bring evidence to support it is a decision on the case under Section 131(2), so a later application on the same ground is a repeated proceeding barred by Section 144.
The applicant sought to be substituted as judgment creditor but did not appear at the inquiry, and the court dismissed the application. The Supreme Court held this was a decision on the case under Section 131(2), so a fresh application on the same transfer ground was a repeated proceeding barred by Section 144.
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Supreme Court Judgment No. 4819/2566 (2023)
Sections 131 and 133 require the court to decide the issues of a case that has not been struck out by making a judgment or order at the close of proceedings.
In deciding whether a procedural irregularity should be revoked, the Supreme Court explained that for a case filed and not struck from the docket, Sections 131 and 133 require the court to decide the issues by a judgment or order at the close of proceedings, with the court having full power under Section 104 to weigh the evidence.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How does the court handle a motion filed during a case?
Under Section 131(1) the court orders granting or dismissing the application, in writing or orally, and any oral order must be recorded in the full report.
Is a dismissal on the pleadings a decision on the merits?
Usually yes. Deciding the issues of the case, including dismissing a claim after considering the complaint, is an adjudication under Section 131(2), not a refusal to accept the case.