المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Two

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles

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  1. إجراءات نظر الدعوى

    Principle 106No act may be undertaken before payment of the fee due for it. The court must exclude the action or application if the fee due has not been paid.Pleadings — Part Two · Source page ٢٣
  2. Principle 107A request to refer the action back to the expert. The trial court may decline it without stating the reason for refusal. - 23 - ProcedurePleadings — Part Two · Source page ٢٣
  3. Principle 108A request to adjourn the action. Subject to the court's discretion. It may decline to grant it if it becomes apparent to it that its purpose is procrastination. An example.Pleadings — Part Two · Source page ٢٤
  4. Principle 109The court must not depart from the scope of the action, its judgment must not exceed the limits of the claims before it, and it must adhere to their cause and confine its examination to it. - The litigant's claims being Pleadings — Part Two · Source page ٢٤
  5. Principle 110A recusal application. It must be submitted before any plea is made; otherwise, the right thereto lapses, unless its grounds arise subsequently or the applicant for recusal was unaware of them. Closure of oral argument. Pleadings — Part Two · Source page ٢٤
  6. Principle 111A person's claim to what belongs to another. Its nature. Cases in which it is heard under Imami doctrine. - A girl's having passed the age of nine according to the lunar calendar. Its effect. Establishment of her capacitPleadings — Part Two · Source page ٢٤
  7. Principle 112Formal pleas unrelated to public policy. They must be raised together before raising any other procedural plea, request, or defence in the action. The consequence thereof: forfeiture of those not raised. - The plea of inPleadings — Part Two · Source page ٢٤
  8. Principle 113The contracting parties' freedom to modify the rules of contractual liability created by their free will within the limits of the law and rules of public order. - An insurance policy's inclusion of reasonable restrictionPleadings — Part Two · Source page ٢٤
  9. Principle 114A request to conduct an evidentiary inquiry in the action to establish particular facts. Is not a right of the parties that must be granted. This is a matter for the court of merits. Example.Pleadings — Part Two · Source page ٢٥
  10. Principle 115Joinder of parties to the action. A discretionary power of the court. Its nonexercise. No defect. Reason therefor.Pleadings — Part Two · Source page ٢٥
  11. Principle 117A decree of divorce for harm. Its condition. The judge’s inability to reconcile the spouses. No particular method of reconciliation exists. It is sufficient that the hearing minutes attest to that procedure.Pleadings — Part Two · Source page ٢٥
  12. Principle 118The court registry. It must notify the litigants by registered letter of the expert’s filing of his report and of the date of the hearing fixed for consideration of the action before the court.Pleadings — Part Two · Source page ٢٥
  13. Principle 119Reopening the action for oral argument after reserving it for judgment and the conclusion of oral argument therein. Within the unrestricted discretion of the court determining the merits. The judgment's disregarding it. Pleadings — Part Two · Source page ٢٥
  14. Principle 120A judicial claim. A procedure directed to the court against the defendant by which the scope of the action is defined for the litigants or the judge. The court's obligation to adhere to this scope when determining the acPleadings — Part Two · Source page ٢٦
  15. Principle 121A request to refer the action for evidentiary investigation. A discretionary power of the court hearing the merits, which is not at fault if it does not grant this request. Its condition.Pleadings — Part Two · Source page ٢٦
  16. Principle 122A plea that the action may not be heard because it has previously been adjudicated. It is considered a defence touching the merits of the action. Its implication. Forfeiture of the right to raise procedural pleas not relPleadings — Part Two · Source page ٢٦
  17. Principle 123The court's decision to reserve the action for judgment after completion of the parties' pleadings. Its refusal to grant a request to reopen pleadings in the action. Does not vitiate the judgment. The rationale for this.Pleadings — Part Two · Source page ٢٦
  18. Principle 124Objection to the decision of the majority of co-owners to dispose of jointly owned real property. The court must, when determining it, ascertain that two conditions are satisfied. Their nature. Establishment of the possiPleadings — Part Two · Source page ٢٦
  19. Principle 125A plea that the action be deemed never to have existed for failure to serve its statement of claim within the time limit. A formal plea. The right to invoke it is forfeited by addressing the merits of the action. - 26 - Pleadings — Part Two · Source page ٢٦
  20. Principle 126The plea that the action be deemed as if it had never been filed. A formal plea relating to procedure. It must be raised before addressing the merits; otherwise, the right to raise it lapses. - Addressing the merits so aPleadings — Part Two · Source page ٢٧
  21. Principle 127The Social Insurance Institution. The Director General's authorization of employees working therein to appear before the courts and plead on its behalf. An agency originating in law. Article 8/1 of Law 61 of 1976.Pleadings — Part Two · Source page ٢٧
  22. Principle 128The court's intervention in the relationship of litigants with their representatives. Impermissible. The exception. The person concerned denying his representative's authority.Pleadings — Part Two · Source page ٢٧
  23. Principle 129The litigants may, at any stage of the action, request the court to record in the hearing minutes the settlement or any other agreement they have reached, to have it signed by them or their representatives, and to appendPleadings — Part Two · Source page ٢٧
  24. Principle 132The supplementary oath. Its purpose is to ease the judge’s conscience when he considers the evidence presented in the action insufficient. In this case, he may tender it to either party to the action without being bound Pleadings — Part Two · Source page ٢٧
  25. Principle 133An action for judicial divorce on grounds of harm. The court must intervene to end the dispute amicably. This relates to public policy. The law does not prescribe a particular method for this procedure. The court may takPleadings — Part Two · Source page ٢٨
  26. Principle 134The court of merits is not obliged to permit the parties to submit memoranda when reserving the action for judgment. The condition for this. The court's disregard of a document or memorandum submitted by a party during tPleadings — Part Two · Source page ٢٨
  27. Principle 135Granting or refusing an application to reopen the action for argument. Within the trial court's unfettered discretion. - Closing argument in the action. Its effect. Courts are prohibited from hearing a litigant or his agPleadings — Part Two · Source page ٢٨

  28. إدخال خصوم في الدعوى

    Principle 136A judgment rendered on an indivisible subject matter, on a joint and several obligation, or in an action in which the law requires specified persons to be joined. Expiry of the time limit for challenging it in respect ofPleadings — Part Two · Source page ٢٨

  29. المطالبة القضائية

    Principle 137No person may be joined to the proceedings unless that person could have been made a party at their commencement. The condition: a connection between the claim directed against that person and the original claim on whichPleadings — Part Two · Source page ٢٨
  30. Principle 138A judicial claim. Its nature. Its effect. Defining the scope of the action for the judge and the litigants. The effect of that. - New claims on appeal. What is not considered such. Example concerning a claim for equivalePleadings — Part Two · Source page ٢٩

  31. الطلبات العارضة والإدخال والتدخل

    Principle 139Judicial claim. Its nature. A procedure addressed to the court against the defendant, whereby the scope of the action is determined for the litigants or the judge, and beyond which the court must not go when deciding it.Pleadings — Part Two · Source page ٢٩
  32. Principle 141Joinder of a party to the action in the interests of justice or to reveal the truth. Discretionary for the court. Disregarding the request made in this respect. Does not vitiate the judgment.Pleadings — Part Two · Source page ٢٩
  33. Principle 142The determining factor in identifying the claims is the final claims. - An incidental claim made orally at the hearing in the presence of the opposing party and recorded in the hearing minutes in accordance with the law.Pleadings — Part Two · Source page ٢٩
  34. Principle 143An indemnity action is independent of the original action and is not a plea or defence therein. The ruling in the - 29 - Civil Procedure original action entails an implicit ruling in the indemnity action. The court's faiPleadings — Part Two · Source page ٢٩
  35. Principle 144Acquisition of standing to bring the action while it is being heard. Its effect. The proceedings become effective from the removal of that defect, and the interest in maintaining the defense of lack of standing ceases. TPleadings — Part Two · Source page ٣٠
  36. Principle 145Joinder of parties to the action. A discretion of the court. Challenging it for not exercising that discretion. Inadmissible.Pleadings — Part Two · Source page ٣٠
  37. Principle 146Joinder in an action. Its nature. Its conditions. - Assessment of the existence of the connection warranting joinder of parties in an action. Within the power of the court determining the merits.Pleadings — Part Two · Source page ٣٠
  38. Principle 147A person who was not a party before the Court of Appeal. Joining him in the cassation appeal. Inadmissible. This relates to public order. Its consequence. Intervention for the first time before the Court of Cassation is Pleadings — Part Two · Source page ٣٠
  39. Principle 148The court of merits, at both levels, may order the joinder of anyone it considers should be joined in the action. Its cases. The reason for this.Pleadings — Part Two · Source page ٣١
  40. Principle 149Determining whether to impose the sanction of deeming an appeal never to have been brought for failure to complete service within the prescribed time. Within the unfettered discretion of the court hearing the merits. ExaPleadings — Part Two · Source page ٣١
  41. Principle 150The principle of adversarial confrontation between litigants before the court. How it is achieved. By service or by the litigant being able to confront it. The claims presented to him and responding to them. The effect oPleadings — Part Two · Source page ٣١
  42. Principle 151Legal set-off whenever its conditions are met. Its application may be requested by way of a plea by the defendant in the action brought against him by the claimant to demand a debt owed by him. Requesting it by way of anPleadings — Part Two · Source page ٣١
  43. Principle 152A party joined by the court in the interests of justice or to reveal the truth. Is not a true litigant. Tendering the decisive oath to him. Impermissible. The reason for that: it may be tendered only to a true litigant. Pleadings — Part Two · Source page ٣١
  44. Principle 153The court is bound by the litigants’ claims in the action. - Limiting the scope of the action before the Court of Appeal to the claim for judicial divorce, excluding its resulting financial effects. The appellant’s presePleadings — Part Two · Source page ٣١
  45. Principle 154The scope of the action is determined by the judicial demand, whether original or incidental. Effect thereof. The court's obligation, when determining it, not to exceed its scope. - The appellant's confinement of her claPleadings — Part Two · Source page ٣١
  46. Principle 156A litigant may join to the litigation whomever the litigant considers should be joined, without authorization or a request from the court. The judgment’s omission to respond to the litigant’s request. Does not vitiate itPleadings — Part Two · Source page ٣٢
  47. Principle 157What is decisive in identifying a litigant’s claims is the relief he requests to be adjudged in his favour. - The litigant’s request to reduce his obligation to a reasonable level. The judgment deciding this claim withouPleadings — Part Two · Source page ٣٢
  48. Principle 158Joinder of a person who was not a party to the action in which the appealed judgment was rendered. Not permissible on appeal.Pleadings — Part Two · Source page ٣٢
  49. Principle 159New or amended claims in an action. The legislature’s specification of the manner of making them. The reason for this. Example of an amended claim in respect of which litigation was not constituted.Pleadings — Part Two · Source page ٣٢
  50. Principle 160The court is bound by the claims submitted to it by the litigants. - Making a claim for joint and several liability for the first time in an application for interpretation of the judgment. Inadmissible. The reason for thPleadings — Part Two · Source page ٣٢
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