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. - انقطاع سير الخصومة

    Principle 1712Referral of an action to an expert. A ground for interruption of the sequence of hearings within the meaning of Article 129 of the Civil Procedure Law. The litigants must be served anew with notice of the expert's filingPleadings — Part Two · Source page ٣١٠
  2. Principle 1714Interruption of the sequence of hearings. Its necessary consequence. The requirement to notify the parties of the new hearing.Pleadings — Part Two · Source page ٣١٠
  3. Principle 1715Nullity of procedures consequent upon interruption of the proceedings. A relative nullity prescribed for the benefit of the person in whose interest the interruption was legislated.Pleadings — Part Two · Source page ٣١٠
  4. Principle 1716The burden of notifying the litigants of the filing of the expert's report and of the date of the hearing scheduled to hear the action rests on the registry, not the expert. Notification taking place. Its effect. The litPleadings — Part Two · Source page ٣١٠
  5. Principle 1717The death of a litigant before the action is ready for judgment on its merits. Its effect. Interruption of the proceedings by operation of law, without the need for a judgment to that effect and irrespective of the otherPleadings — Part Two · Source page ٣١٠
  6. Principle 1718Interruption of litigation. Its effect. Nullity of any procedure taken during the period of interruption. The nature of this nullity. Relative nullity. Example. - 310 - ProcedurePleadings — Part Two · Source page ٣١٠

  7. - شطب الدعوى

    Principle 1719Interruption of the proceedings in the action. Does not affect procedural steps taken before it. Example. - Striking out the action:-Pleadings — Part Two · Source page ٣١١
  8. Principle 1720Exhaustion by the court of first instance of its jurisdiction through judgment on the merits of the action. Nullity of that judgment for a defect that does not extend to the originating statement of claim. The Court of APleadings — Part Two · Source page ٣١١
  9. Principle 1721Striking out the action. A sanction imposed by the court on the negligent plaintiff who fails to attend the hearing. Its means. An order issued by the court when the action is not ready for determination.Pleadings — Part Two · Source page ٣١١
  10. Principle 1723Service of renewal of an action within 90 days of its being struck out. A mandatory time limit. Its effect. A judgment deeming the action never to have been, without discretionary power for the court. The reason thereforPleadings — Part Two · Source page ٣١١
  11. Principle 1724Failure to serve notice of reinstatement of the action after striking out. Its effect. A ruling deeming it never to have been brought by operation of law, without discretionary authority for the court, whenever requestedPleadings — Part Two · Source page ٣١١
  12. Principle 1725Service of the decision restoring the action to the hearing list. Is not considered reinstatement of the action following striking out. There is no basis for requiring its completion within ninety days. Criticizing the jPleadings — Part Two · Source page ٣١١
  13. Principle 1726Commencement of the time limit for challenging a judgment. The general rule is that it runs from the date of its pronouncement. Exception: from the date of service of the judgment. Its cases. They include the case where Pleadings — Part Two · Source page ٣١٢
  14. Principle 1727Failure to reinstate the action after its striking out. Its effect. Deeming it as never having been brought whenever the opposing party invokes this. This necessarily entails the cessation of its effects, including the aPleadings — Part Two · Source page ٣١٢
  15. Principle 1728The guarantor may request discharge from liability if the creditor does not take proceedings against the debtor within three months from the date of the guarantor's formal notice to him, unless the debtor provides the guPleadings — Part Two · Source page ٣١٢
  16. Principle 1729The decision to strike out the action. Has no connection with the commencement of litigation and no effect on the notice contained in the grievance petition.Pleadings — Part Two · Source page ٣١٢
  17. Principle 1730The action is deemed never to have been brought if neither litigant serves notice on the other of its resumption within ninety days of its being struck out. The purpose thereof and its consequences.Pleadings — Part Two · Source page ٣١٢
  18. Principle 1732Striking out an action. Its effect. Its removal from the list of cases and suspension of its progress until it is renewed, and deeming it never to have been if it is not renewed within the time limit, upon a request by aPleadings — Part Two · Source page ٣١٢
  19. Principle 1733Reinstatement of an appeal after striking out. Its condition. Completion of service on the opposing party of notice of the scheduled hearing before the expiry of ninety days from the date of striking out. Merely submittiPleadings — Part Two · Source page ٣١٣
  20. Principle 1734The time limit within which proceedings may be resumed in an action ordered struck out. A mandatory time limit. The effect of its expiry. The action is deemed never to have been instituted. This sanction operates by forcPleadings — Part Two · Source page ٣١٣
  21. Principle 1735A ruling deeming the action never to have been brought. Its condition. Its previous striking out for the plaintiff’s or appellant’s failure to appear, and his failure to appear after its resumption. Article 59 of the CivPleadings — Part Two · Source page ٣١٣
  22. Principle 1736A decision striking out an action. Is not considered a judgment. Its import. It may not be challenged independently. The nullity of the striking-out decision may be invoked upon reinstatement of proceedings in the actionPleadings — Part Two · Source page ٣١٣
  23. Principle 1737The obligation to render judgment in an appeal even in the absence of the appellant or respondent. A newly introduced rule. Its condition. That the appeal be ready for determination; otherwise, the court shall order it sPleadings — Part Two · Source page ٣١٤

  24. لعدم إعلانها خلال الميعاد

    Principle 1739The worker’s submission of an application to the Ministry of Social Affairs and Labour. It is the sole essential procedure that the law requires of the worker. - A ruling deeming the action as never having been brought. Pleadings — Part Two · Source page ٣١٥
  25. Principle 1740Deeming the action never to have been brought. For its resemblance for six months, without the plaintiff requesting that it proceed. Article 30/3 of the former Code of Procedure. The reference point for determining the tPleadings — Part Two · Source page ٣١٥
  26. Principle 1741Deeming the action never to have been brought if the defendant is not summoned to appear within 90 days from the date the statement of claim was submitted to the registry, for a reason attributable to the plaintiff’s actPleadings — Part Two · Source page ٣١٥
  27. Principle 1742Assessment of whether to impose the sanction of deeming the appeal never to have been brought lies within the full discretion of the court of merits, provided it bases its ruling on tenable grounds.Pleadings — Part Two · Source page ٣١٥
  28. Principle 1743Deeming an action never to have been if the defendant is not summoned to appear within 90 days from the date of submission of the statement of claim to the court registry, and 30 days in the case of an appeal. Articles 4Pleadings — Part Two · Source page ٣١٥
  29. Principle 1744Deeming an action or appeal never to have been brought if service is not completed within a specified time limit. A condition for so ruling is that failure of service resulted from deliberate conduct or negligence by thePleadings — Part Two · Source page ٣١٦
  30. Principle 1745Deeming an action never to have been brought if the defendant is not summoned to appear within ninety days from the date its statement is submitted to the Registry. Its condition is that the delay in service be attributaPleadings — Part Two · Source page ٣١٦
  31. Principle 1746The plea that an action be deemed as never having been brought for failure to summon the defendant to appear within ninety days from the date of submission of the statement of claim to the registry. Established for the bPleadings — Part Two · Source page ٣١٦
  32. Principle 1747Deposit of the appeal petition with the registry. Its effect. Its effects begin to operate. Service thereof on the respondent. Its effect. Constitution of proceedings between its parties. The time limit for service. DelaPleadings — Part Two · Source page ٣١٦
  33. Principle 1748Deeming an action never to have been brought if the other party is not served with notice of its resumption within ninety days of its being struck out. Its purpose. How this time limit is to be observed. Expiry of the tiPleadings — Part Two · Source page ٣١٦
  34. Principle 1750Nullity shall not be adjudged, notwithstanding a provision for it, if the defect affecting the procedure has caused no harm to the opposing party. Example. - An appeal in cassation falls outside the scope of application Pleadings — Part Two · Source page ٣١٧
  35. Principle 1751Deeming an action never to have been instituted as a sanction for delay in its service through the plaintiff's act. Its difference from the sanction of deeming an action never to have been instituted for failure to servePleadings — Part Two · Source page ٣١٧
  36. Principle 1752The plea that an action be deemed never to have been brought. A formal plea relating to procedure, the right to which is forfeited by addressing the merits. The nature of addressing the merits that extinguishes the rightPleadings — Part Two · Source page ٣١٧
  37. Principle 1753Deeming an action or appeal as never having been brought if the defendant or respondent is not summoned to appear within the specified time limit. The condition thereof. That the delay in service be attributable to an acPleadings — Part Two · Source page ٣١٧
  38. Principle 1754A judgment deeming the appeal never to have been instituted for failure to summon the respondent to appear through the appellant's act is discretionary for the court of merits. An example. - 317 - Civil ProcedurePleadings — Part Two · Source page ٣١٧
  39. Principle 1755An appeal in cassation. Its exclusion from the scope of application of the sanction of deeming the appeal as if it had never been, the application of which is confined to actions and ordinary appeals where summons to appPleadings — Part Two · Source page ٣١٨
  40. Principle 1756Deeming an action or appeal never to have been instituted for failure to summon to appear within the statutory time limit. Conditions for imposing it. Assessment of whether to impose this sanction. Within the unfettered Pleadings — Part Two · Source page ٣١٨
  41. Principle 1757Application of the sanction of deeming an action never to have been brought. A matter within the court's discretion. It does not concern public policy.Pleadings — Part Two · Source page ٣١٨
  42. Principle 1758The plea that an action be deemed as never having been brought because more than ninety days have elapsed since it was struck out concerns the interest of the litigant for whose benefit it was established. Its implicatioPleadings — Part Two · Source page ٣١٨
  43. Principle 1759The criterion for imposing the sanction of deeming the action never to have been brought for failure to serve its statement of claim within ninety days. It must be attributable to the plaintiff's act. Assessment of whethPleadings — Part Two · Source page ٣١٨
  44. Principle 1760The imposition by a civil court, in an administrative dispute, of the sanction of deeming the action never to have been brought for failure to serve it pursuant to Article 49 of the Procedure Law does not vitiate its judPleadings — Part Two · Source page ٣١٨
  45. Principle 1761It is permissible to rule that the action or appeal is deemed never to have been brought at the request of the defendant or respondent if he has not been summoned to appear within the time limit prescribed by law. The coPleadings — Part Two · Source page ٣١٩
  46. Principle 1762Filing the statement of appeal with the court registry. Its effect. It must be served on the respondent within thirty days for the proceedings to be constituted. Delay in service beyond this time limit gives the respondePleadings — Part Two · Source page ٣١٩
  47. Principle 1763Service of an appeal at the elected domicile. The criterion for its validity. What matters in service is actual delivery of a copy of the petition to the person intended to be served. The procedures the person effecting Pleadings — Part Two · Source page ٣١٩
  48. Principle 1764The plaintiff or appellant, even after delivery of the statement of claim or appeal petition to the process server, must follow up the procedures of his action and take the legally appropriate step if he notices delay inPleadings — Part Two · Source page ٣١٩
  49. Principle 1767The court may, upon the request of the defendant or respondent, rule that the action or appeal is deemed never to have been if the summons to appear is not effected within the time limit prescribed by law, where the delaPleadings — Part Two · Source page
  50. Principle 1768Imposition of the sanction of deeming the action or appeal never to have been brought for failure of service within the time limit. It has no application to an appeal in cassation. The rationale therefor.Pleadings — Part Two · Source page
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