Section 58: Rights and duties of an intervener

English translation

An intervener who has entered as a party under subsection (1) or (3) of the preceding section has the same rights as if he had himself sued or been sued in a new case; in particular, the intervener may adduce new evidence, object to documents already submitted, cross-examine witnesses already examined, and object to evidence already taken before he intervened; he may appeal or make a further appeal against a judgment or order of the court as provided by law; and he may recover, or be ordered to pay, the costs. An intervener who has become a party under subsection (2) of the preceding section is prohibited from exercising any right other than the rights belonging to the party as whose co-plaintiff or co-defendant he entered at the stage of trial when he intervened; and he is prohibited from exercising such rights in a manner conflicting with the rights of the original plaintiff or defendant; and the intervener shall bear the costs arising from the intervention. But if the court has allowed him to substitute for the original plaintiff or defendant, the intervener then has a standing equal to that of the party for whom he has substituted. Once a judgment or order has been made, if there is a matter connected with the case that is an issue to be decided between the intervener and the party as whose co-party he entered, or by whom he was summoned to enter, the intervener is bound by that judgment or order, except in the following cases: (1) where, owing to the negligence of that party, the intervener entered the case as a party too late to present his material objections; or (2) where that party, wilfully or through gross negligence, failed to raise a material objection on a question of law or of fact whose existence the intervener did not know.

⚠︎ This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.