Section 252: Appeal rules apply to dika by analogy
Statutory text (Thai original)
ในกรณีที่ไม่มีข้อกำหนดของประธานศาลฎีกาตามมาตรา ๒๕๐ กำหนดไว้เป็นอย่างอื่น ให้นำบทบัญญัติในลักษณะ ๑ ว่าด้วยอุทธรณ์มาใช้บังคับโดยอนุโลม
English translation
In a case where there is no regulation of the President of the Supreme Court under Section 250 providing otherwise, the provisions in Title 1, on Appeal, shall apply mutatis mutandis.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 252 is the bridge that carries the appeal Title's rules up to the dika stage, so the Code does not have to restate them for the Supreme Court. It applies mutatis mutandis and only where the President's regulations under Section 250 do not provide otherwise. In practice courts cite it constantly, pairing it with sections such as Section 142(5) through Section 246 to raise public-order points on their own motion, with Section 225 to bar issues not properly raised below, and with Sections 242 to 245 for the disposition and reach of a dika judgment. It is the current successor to the earlier mutatis mutandis provision for dika under the pre-2015 numbering. The statutory text provided here is truncated after the words that introduce the borrowed provisions.
Why this matters in practice
The everyday effect of Section 252 is that most rules you know from the appeal stage carry over to a dika, including the strict bar on raising a new issue that was not properly argued in the lower courts. If a point was not ventilated below, you usually cannot spring it in the Supreme Court, so build your record early. Because the interplay of sections is technical, take advice from a Thai lawyer when planning a dika.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 367/2568 (2025)
An issue raised for the first time in a dika, not properly argued in the lower courts, is barred under Section 225 paragraph one applied to the dika through Section 252, and the Supreme Court will not decide it.
The defendant argued in the dika that the disputed house belonged to another person, a fact raised for the first time on dika. The Supreme Court held it barred as an issue not properly raised in the lower courts, under Section 225 paragraph one with Section 252, and refused to decide it.
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Supreme Court Judgment No. 4759/2568 (2025)
A point of law concerning public order may be raised by the Supreme Court on its own motion even where no party has dika'd, using Section 142(5) applied to the dika through Sections 246 and 252.
An order requiring the respondent to pay default interest on property forfeited to the State was unlawful. The Supreme Court held this a public-order point it could raise on its own motion and corrected it, applying Section 142(5) with Sections 246 and 252.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 313 Supreme Court decisions (1973 to 2025)
Selected citing decisions
- Decision 4684/2568 (2025)
- Decision 3001/2568 (2025)
- Decision 2107/2568 (2025)
- Decision 1303/2568 (2025)
- Decision 1279/2568 (2025)
- Decision 3119/2568 (2025)
- Decision 5054/2568 (2025)
- Decision 8321/2568 (2025)
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 225 148
- Section 142 136
- Section 246 121
- Thai Penal Code s. 78 82
- Thai Penal Code s. 91 74
- Thai CCC s. 7 73
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
Do the appeal rules apply to a dika?
Yes. Under Section 252, where the President's regulations under Section 250 do not provide otherwise, the appeal Title's rules apply to a dika mutatis mutandis.
Can I raise a new issue for the first time in a dika?
Generally no. Through Section 252 the appeal-stage bar in Section 225 applies, so an issue not properly raised in the lower courts cannot usually be argued in the Supreme Court.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Civil Procedure Code, s. 252 (Thailand) -
Academic citation
Civil Procedure Code (Thailand), s. 252. ThaiLawOnline, https://www.thailawonline.com/thai-civil-procedure-code/section-252/ (accessed 11 August 2026). -
Thai citation
ป.วิ.พ. มาตรา 252 -
Permalink
https://www.thailawonline.com/thai-civil-procedure-code/section-252/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-civil-procedure-code/section-252/"><p>In a case where there is no regulation of the President of the Supreme Court under Section 250 providing otherwise, the provisions in Title 1, on Appeal, shall apply mutatis mutandis.</p><footer>Civil Procedure Code, s. 252 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-procedure-code/section-252/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.