Section 175: Withdrawal of the complaint
Statutory text (Thai original)
ก่อนจำเลยยื่นคำให้การ โจทก์อาจถอนคำฟ้องได้โดยยื่นคำบอกกล่าวเป็นหนังสือต่อศาลภายหลังจำเลยยื่นคำให้การแล้ว โจทก์อาจยื่นคำขอโดยทำเป็นคำร้องต่อศาลชั้นต้น เพื่ออนุญาตให้โจทก์ถอนคำฟ้องได้ ศาลจะอนุญาตหรือไม่อนุญาตหรืออนุญาตภายในเงื่อนไขตามที่เห็นสมควรก็ได้ แต่
(๑) ห้ามไม่ให้ศาลให้อนุญาต โดยมิได้ฟังจำเลยหรือผู้ร้องสอด ถ้าหากมี ก่อน
(๒) ในกรณีที่โจทก์ถอนคำฟ้อง เนื่องจากมีข้อตกลงหรือประนีประนอมยอมความกับจำเลย ให้ศาลอนุญาตไปตามคำขอนั้น
English translation
Before the defendant files an answer, the plaintiff may withdraw the complaint by submitting a written notice to the court. After the defendant has filed an answer, the plaintiff may apply, by way of a motion to the court of first instance, for leave to withdraw the complaint. The court may grant leave, refuse leave, or grant leave subject to such conditions as it thinks fit, provided that: (1) the court shall not grant leave without first hearing the defendant or the intervener, if any; (2) where the plaintiff withdraws the complaint on account of an agreement or a compromise settlement reached with the defendant, the court shall grant leave in accordance with the application.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 175 governs voluntary withdrawal of a complaint within Title 1 on ordinary procedure in courts of first instance. It draws a sharp line at the filing of the answer: before that point withdrawal is a right exercised by written notice, after it withdrawal requires the court's leave. The court's power is discretionary, subject to two limits, the mandatory hearing of the defendant or any intervener, and a duty to grant leave where the withdrawal rests on a settlement with the defendant. The consequences of a withdrawal are set out separately in Section 176.
Why this matters in practice
Timing decides everything. Withdrawing before the answer is filed is automatic, but once the defendant has answered you are at the mercy of the court's discretion, and a defendant who sees a likely win may object. Withdrawal is often used to refile in the correct court or after a settlement. If a debtor settles and you agree to withdraw, the court must honour that, which is why documented settlements matter in debt collection cases.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 8324/2560 (2017)
Section 175 gives the plaintiff the right to withdraw when it no longer wishes to pursue the defendant, and does not require the plaintiff to explain the reason to the defendant. The only condition, where withdrawal comes after the answer is filed, is that the court must hear the defendant before granting leave.
The Supreme Court upheld the trial court's order permitting twenty-seven plaintiffs to withdraw against the second defendant, holding that the law imposes no duty to give reasons and that ruling on a withdrawal motion is a discretionary matter subject only to hearing the defendant.
-
Supreme Court Judgment No. 8804/2559 (2016)
Where withdrawal is sought after the answer has been filed, the court may grant, refuse, or attach conditions as it thinks fit, the only prohibition being that it may not grant leave without first hearing the defendant. A defendant's objection does not prevent the court from allowing the withdrawal.
Even though the defendant objected to the withdrawal, the Court held that whether to permit a plaintiff to withdraw is a matter of judicial discretion, with no rule barring withdrawal simply because the defendant refuses to consent.
-
Supreme Court Judgment No. 3770/2558 (2015)
Under the second paragraph of Section 175, whether to permit withdrawal after the answer is filed lies within the court's discretion, even over the defendant's objection. Withdrawal made because the case was filed in the wrong court is a legitimate ground.
The plaintiff withdrew because the cause of action arose in Phra Nakhon Si Ayutthaya, making the original filing a wrong-court filing. The Court confirmed that granting leave was within the trial court's discretion notwithstanding the defendant's claim of prejudice.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 116 Supreme Court decisions (1948 to 2019)
Selected citing decisions
- Decision 6114/2562 (2019)
- Decision 8324/2560 (2017)
- Decision 8804/2559 (2016)
- Decision 13293/2558 (2015)
- Decision 6312/2558 (2015)
- Decision 5477/2558 (2015)
- Decision 8626/2557 (2014)
- Decision 19/2556 (2013)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
- Section 132 32
- Section 246 23
- Section 247 20
- Section 150 16
- Section 176 9
- Section 151 8
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Can a plaintiff withdraw a case in Thailand after the defendant has answered?
Yes, but only by filing a motion for the court's leave. Under Section 175 the court may grant, refuse, or attach conditions, and must hear the defendant first.
Can the court refuse a withdrawal if the defendant objects?
The defendant's objection does not bar withdrawal. Granting leave is within the court's discretion, and there is no rule preventing withdrawal merely because the defendant disagrees.
Does the plaintiff have to give reasons for withdrawing?
No. Section 175 does not require the plaintiff to state reasons for withdrawal to the defendant. It only requires the court to hear the defendant before granting leave once an answer has been filed.
Related guides on ThaiLawOnline
Cite this section
-
Plain citation
Civil Procedure Code, s. 175 (Thailand) -
Academic citation
Civil Procedure Code (Thailand), s. 175. ThaiLawOnline, https://www.thailawonline.com/thai-civil-procedure-code/section-175/ (accessed 11 August 2026). -
Thai citation
ป.วิ.พ. มาตรา 175 -
Permalink
https://www.thailawonline.com/thai-civil-procedure-code/section-175/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-civil-procedure-code/section-175/"><p>Before the defendant files an answer, the plaintiff may withdraw the complaint by submitting a written notice to the court. After the defendant has filed an answer, the plaintiff may apply, by way of a motion to the court of first instance, for leave to…</p><footer>Civil Procedure Code, s. 175 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-procedure-code/section-175/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.