Section 133 — Judgment on the day proceedings end
Statutory text (Thai original)
เมื่อศาลมิได้จำหน่ายคดีออกจากสารบบความดังที่บัญญัติไว้ในมาตราก่อน ให้ศาลชี้ขาดคดีนั้นโดยทำเป็นคำพิพากษาหรือคำสั่งในวันที่สิ้นการพิจารณา แต่เพื่อการที่จะพิเคราะห์คดีต่อไป ศาลจะเลื่อนการพิพากษาหรือการทำคำสั่งต่อไปในวันหลังก็ได้ตามที่เห็นสมควรเพื่อประโยชน์แห่งความยุติธรรม
English translation
When the court has not struck the case from the docket as provided in the preceding section, the court shall decide the case by making a judgment or an order on the day the proceedings are concluded; but for the purpose of further considering the case, the court may postpone the making of the judgment or order to a later day as it considers appropriate in the interest of justice.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 133 fixes the default timing of a decision: once a case is not struck out under Section 132, the court decides it by judgment or order on the day proceedings conclude. The court retains a discretion to postpone the judgment or order to a later day where that serves the interest of justice, typically to consider the matter more fully. A practical consequence is that when the proceedings have ended, for example where a party fails to appear and is treated as not contesting, the court may render judgment on the day of the order without having to give separate notice of a judgment-reading date. The section pairs with Section 131 on the modes of decision and applies across many special jurisdictions by reference.
Why this matters in practice
Do not assume you will always get a separate notice of when judgment will be read: under Section 133, once proceedings close the court can decide on that day, and this often catches out a party who has stopped attending. If you need more time or the court is weighing a settlement, you can ask the court to postpone the judgment for the interest of justice, and courts do grant this where reasonable. Because missing the end of proceedings can mean missing the judgment itself, stay engaged through to the close and take advice if you cannot attend a hearing.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1878/2542 (1999)
Where the defendant, duly notified, fails to appear and is treated as not contesting so the proceedings are concluded, the court may render judgment on the day of the order under Section 133 without further notifying the defendant of a judgment-reading date.
The defendant, though duly notified, did not appear, so the court found the defendant had no evidence and treated the case as concluded. The Supreme Court held that under Section 133 the court could give judgment that day without again notifying the defendant of a judgment-reading date.
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Supreme Court Judgment No. 6153/2548 (2005)
Where there is good reason, such as partial performance and an agreed short repayment period unopposed by the other side, the court should postpone the making of its judgment or order for the interest of justice under Section 133.
The Supreme Court held there was good reason to postpone the judgment for the interest of justice under Section 133, given partial approval of the plan and a short repayment date the plaintiff did not oppose, so the lower court was wrong to refuse the postponement and immediately order absolute receivership.
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Supreme Court Judgment No. 4407/2551 (2008)
Section 133 requires the court to decide a case not struck out by making a judgment or order at the close of proceedings, and permits postponing the judgment to a later day for the interest of justice.
Addressing a complaint that the trial court read the appellate judgment and set a date to read its own new judgment without notifying the parties, the Supreme Court set out Section 133 in full, noting the court decides at the close of proceedings and may postpone the judgment for the interest of justice.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When does the court give judgment?
Under Section 133, if the case is not struck out, the court decides by judgment or order on the day the proceedings conclude, though it may postpone for the interest of justice.
Must the court notify me of the judgment date?
Not always. Once the proceedings end, for example when a party stops attending, Section 133 lets the court render judgment on the day of the order without a separate notice.
Can the court delay giving judgment?
Yes. Section 133 lets the court postpone the judgment or order to a later day where that is appropriate for the interest of justice, such as to consider the case further.