Section 222/46 — Group members' limited appeal rights
Statutory text (Thai original)
สมาชิกกลุ่มไม่มีสิทธิอุทธรณ์และฎีกาคำพิพากษาหรือคำสั่งของศาล ยกเว้นในกรณีตามมาตรา ๒๒๒/๔๒
English translation
Group members shall not have the right to appeal or to bring a dika against a judgment or order of the court, except in the case under Section 222/42.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision defines the boundary of a group member's procedural standing on appeal. Because the class is represented by the plaintiff, who under Section 222/45 holds the full appeal and dika rights, individual members are barred from separately appealing the judgment or general orders, which prevents the litigation from fragmenting into countless individual appeals. The single carve-out is the Section 222/42 situation, where a member's or objector's own debt-repayment claim has been decided by the court; there the member retains a personal right of appeal because the order affects that member's individual entitlement. Read together, Sections 222/45 and 222/46 allocate appellate control to the representative plaintiff while protecting each member's direct financial stake.
Why this matters in practice
If you join a class action as a member, understand that you cannot unilaterally appeal the main judgment if you disagree with it; that control rests with the representative plaintiff. Your personal appeal right is confined to a court ruling on your own debt-repayment claim under Section 222/42. If preserving individual control over appeals matters to you, that is a factor in choosing between joining a class and suing separately, which we can walk through in a consultation with a Thai lawyer.
Frequently asked questions
Can a group member appeal the judgment in a class action?
Generally no. Under Section 222/46, individual group members cannot appeal or bring a dika against the court's judgment or order, except in a matter under Section 222/42 concerning their own debt-repayment claim.
Who controls appeals in a class action then?
The representative plaintiff holds the full appeal and dika rights under Section 222/45. Section 222/46 keeps individual members from filing separate appeals except on their own Section 222/42 claim.