Section 201 — Both parties in default
Statutory text (Thai original)
ถ้าคู่ความทั้งสองฝ่ายขาดนัดพิจารณา ให้ศาลมีคำสั่งจำหน่ายคดีนั้นเสียจากสารบบความ
English translation
If both parties are in default of appearance, the court shall order the case to be struck off the cause list.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 201 gives the simple consequence where both parties are in default of appearance under Section 200: the court strikes the case off the cause list. Striking off is not a decision on the merits; it ends the current proceedings without ruling who is right. Importantly, when a case is struck off under this section because both sides defaulted, there was no ex parte trial, so the losing-by-default new trial remedy does not arise. Case law makes clear that the plaintiff's only route afterward is to file a fresh action within the limitation period under Section 203. The current wording is streamlined compared with the former version of this section, which addressed one-sided default differently.
Why this matters in practice
If both you and the other side fail to attend the evidence hearing, the court will strike the case off, which is not a win or a loss on the merits. But do not treat this lightly: because there was no ex parte trial, you cannot ask for a new trial, and your only option is to sue again within the limitation period, which may by then be short. If you are the plaintiff, attend or arrange representation rather than risk having to start over.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 2509/2551 (2008)
Where both parties are in default of appearance and the court strikes the case off under Section 201, there is no ex parte trial, so the plaintiff cannot apply for a new trial; the plaintiff's only remedy is to file a fresh action within the limitation period under Section 203.
The Supreme Court held that a new trial is available only where a party has lost after an ex parte trial. Because both plaintiff and defendant were in default of appearance and the trial court struck the case off under Section 201, there was no ex parte trial, so the plaintiff could not seek a new trial and could only refile within the limitation period under Section 203.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What happens if both parties fail to appear at the hearing?
Under Section 201, if both parties are in default of appearance, the court orders the case struck off the cause list. This ends the proceedings without a decision on the merits.
Can the plaintiff ask for a new trial after a strike-off under Section 201?
No. Because both parties defaulted and there was no ex parte trial, the new trial remedy does not apply. The plaintiff's only option is to file a fresh action within the limitation period under Section 203.