Section 234 — Appealing a refusal to accept an appeal
Statutory text (Thai original)
ถ้าศาลชั้นต้นไม่รับอุทธรณ์ ผู้อุทธรณ์อาจอุทธรณ์คำสั่งศาลนั้น ไปยังศาลอุทธรณ์โดยยื่นคำขอเป็นคำร้องต่อศาลชั้นต้น และนำค่าฤชาธรรมเนียมทั้งปวงมาวางศาลและนำเงินมาชำระตามคำพิพากษาหรือหาประกันให้ไว้ต่อศาลภายในกำหนดสิบห้าวันนับแต่วันที่ศาลได้มีคำสั่ง
English translation
If the court of first instance refuses to accept the appeal, the appellant may appeal against that order of the court to the appellate court by filing an application in the form of a motion with the court of first instance, and by depositing all the fees with the court and paying the amount due under the judgment or providing security to the court, within fifteen days from the date the court made the order.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 234 gives an appellant a remedy against a trial court's refusal to accept an appeal under Section 232. The appellant files a motion with the court of first instance challenging the refusal, and within fifteen days must complete three financial steps: deposit all fees, and either pay the amount due under the judgment or provide security. This step is a mandatory precondition to appellate review of the refusal. It connects to Section 236, under which the appellate court considers the motion and either affirms the refusal or orders the appeal accepted, with that decision being final.
Why this matters in practice
The fifteen-day deadline and the money requirements are strict. You cannot simply skip to the Supreme Court or seek leave for a further appeal without first challenging the refusal to the appellate court under this Section. And you must complete all the financial steps in time: deposit all fees and either pay the judgment amount or post security. Courts have dismissed challenges where the appellant failed to pay per the judgment or provide security within the fifteen days. Diarize the deadline the moment a refusal is issued, and have the funds or security ready.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1837/2563 (2020)
Section 234 requires that, where the trial court refuses to accept an appeal, the appellant appeal that refusal to the appellate court by motion filed with the trial court, with all fees deposited and the judgment amount paid or security provided, within fifteen days of the order.
The Supreme Court set out the text of Section 234, holding that when the trial court refused the plaintiff's appeal, the plaintiff had to file a motion appealing that refusal, and the relevant fifteen-day requirement applied to the steps that follow.
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Supreme Court Judgment No. 8717/2558 (2015)
A motion appealing a refusal to accept an appeal is unlawful if the appellant does not pay the amount due under the judgment or provide security within the time set, as required by Section 234.
The defendant appealed a refusal to accept the appeal but did not pay per the judgment or provide security within time. The appellate court held the motion unlawful for non-compliance with Section 234 and dismissed it.
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Supreme Court Judgment No. 95/2568 (2025)
Where the trial court refuses an appeal and the party does not first appeal that refusal to the appellate court under Section 234, there is no appellate decision, so a petition for leave to further appeal and the further appeal itself are not properly available.
After the trial court refused the plaintiff's appeal, the plaintiff did not appeal that refusal to the appellate court under Section 234. The Supreme Court held that, with no appellate decision, the plaintiff could not seek leave to further appeal, and rejected the petition and the further appeal.
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 can I do if the court refuses to accept my appeal?
Under Section 234, you may appeal the refusal to the appellate court by filing a motion with the court of first instance within fifteen days, depositing all fees and paying the judgment amount or providing security.
What is the deadline to challenge a refusal to accept an appeal?
Fifteen days from the date the court made the refusal order. All required deposits and payment or security must be completed within that period.
Can I go straight to a further appeal without challenging the refusal first?
No. You must first appeal the refusal to the appellate court under Section 234. Without an appellate decision on it, a further appeal or a petition for leave to appeal is not properly available.