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. وقف الدعوى تعليقياً

    Principle 232Staying an action pending determination of a preliminary matter. Within the power of the court of merits. Its import: the court is not obliged to stay proceedings pending determination of other actions.Pleadings — Part Two · Source page ٤٥

  2. ضم دعوى

    Principle 233A ruling staying an action pending determination of another issue. It is a definitive judgment that the action may not be heard before determination of that preliminary issue, which does not fall within the court's jurisPleadings — Part Two · Source page ٤٥

  3. رفع الاستئناف الفرعي

    Principle 234Joining one action to another on grounds of connection does not require identity of subject matter, cause or parties. It is sufficient that a connection exists between the two actions such that determining one affects thPleadings — Part Two · Source page ٤٥

  4. اعتبار الدعوى أو الاستئناف كأن لم يكن

    Principle 235An incidental appeal. Its permissibility through the ordinary procedures by a memorandum. Its condition. The judgment must not have been accepted after the principal appeal against it was brought. This concerns public poPleadings — Part Two · Source page ٤٦
  5. Principle 236Deeming the action as never having been brought for failure to serve notice of its resumption within 90 days of its striking out. Its purpose. The reference for determining this time limit.Pleadings — Part Two · Source page ٤٦
  6. Principle 237Deeming an appeal as if it had never been because the respondent was not summoned to appear within thirty days from the date the appeal petition was submitted to the Registry, where this delay was caused by the appellantPleadings — Part Two · Source page ٤٦
  7. Principle 238Deeming the action never to have been brought for failure to serve the opposing party with notice of resumption of proceedings within ninety days of its being struck out. Application to appeals. When this time limit is cPleadings — Part Two · Source page ٤٦
  8. Principle 239The appeal petition produces its effects from the date of its filing with the registry. Its service upon the respondent or the court's delivery of a copy thereof to the respondent is a procedure necessary for the constitPleadings — Part Two · Source page ٤٦
  9. Principle 240Imposing the sanction of deeming an action or appeal never to have been brought because of delay in service. Discretionary for the court and left to its absolute discretion, without any obligation to state a justificatioPleadings — Part Two · Source page ٤٧
  10. Principle 241Deeming an action or appeal never to have been brought for failure to summon the opposing party to appear within the time limit prescribed by law. The condition for imposing this sanction. - Assessment of whether to impoPleadings — Part Two · Source page ٤٧
  11. Principle 242Filing the notice 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 respondent Pleadings — Part Two · Source page ٤٧
  12. Principle 243Deeming the action or appeal never to have existed. Discretionary for the court. Its condition. That the delay in service, whether intentional or negligent, be attributable to the act of the plaintiff or appellant, even Pleadings — Part Two · Source page ٤٧
  13. Principle 244The claimant or appellant, even after delivering the statement of claim or appeal to the process server, must follow up the procedures in his action and take the legally appropriate measure if he notices delay in effectiPleadings — Part Two · Source page ٤٨
  14. Principle 245Service of the appeal petition within thirty days of its filing. A procedure necessary for the constitution of the appeal proceedings. This is a time limit for appearance. Sanction for noncompliance. The appellant's righPleadings — Part Two · Source page ٤٨
  15. Principle 246Deeming the appeal never to have existed because the appellant delayed valid service of its petition within 30 days from its filing. Discretionary for the court. The condition therefor. Delivery of the petition by the RePleadings — Part Two · Source page ٤٨
  16. Principle 249Bringing an appeal by depositing its statement with the Registry. Service thereof. A procedure necessary to give effect to the principle of adversarial proceedings between the litigants. It must be completed within thirtPleadings — Part Two · Source page ٤٩
  17. Principle 250Imposition of the sanction of deeming the appeal as never having been filed. A matter of fact. Assessment of whether to impose it lies within the unfettered discretion of the court deciding the merits. An example of a juPleadings — Part Two · Source page ٤٩
  18. Principle 251Service of the appeal petition within thirty days of its deposit. A necessary procedure for constitution of the proceedings. - The respondent's right to request that the appeal be deemed never to have existed whenever thPleadings — Part Two · Source page ٤٩
  19. Principle 252Failure to serve notice of reinstatement of an action after it has been struck off. Its effect. A ruling deeming it never to have existed by operation of law, without discretion on the court's part, whenever this is requPleadings — Part Two · Source page ٤٩
  20. Principle 253The sanction of deeming the action or appeal never to have existed. Established for the benefit of those litigants who have not been served. The effect thereof.Pleadings — Part Two · Source page ٤٩
  21. Principle 254Procedural harm. Its nature. Frustrating the interest that the law intends to achieve through the formality or undermining - 49 - Procedure the safeguard that the formality provides for the litigant. - Achievement of thePleadings — Part Two · Source page ٤٩
  22. Principle 255The plea that the action or appeal be deemed never to have existed. A procedural plea relating to procedure which must be raised before addressing the merits; otherwise, the right to raise it lapses. - Addressing the merPleadings — Part Two · Source page ٥٠
  23. Principle 256A judgment may be issued, at the request of the defendant or respondent, deeming the action or appeal as never having been brought if he has not been summoned to appear within the time limit prescribed by law. The conditPleadings — Part Two · Source page ٥٠
  24. Principle 257An action or appeal may be deemed never to have been brought if the plaintiff or respondent is not summoned to appear within the time limit specified by law. The conditions for applying this sanction. - In all circumstanPleadings — Part Two · Source page ٥٠
  25. Principle 258Nullity shall not be adjudged, notwithstanding an express provision for it, if the procedure has caused no prejudice to the opposing party.Pleadings — Part Two · Source page ٥٠
  26. Principle 259The plea that the action be deemed never to have existed for failure to reinstate it after striking out. Established for the benefit of defendants who were not served. Its effect. No one else may invoke the plea. The conPleadings — Part Two · Source page ٥٠
  27. Principle 260A judgment deeming the action as never having been brought, at the defendant’s request, if he has not been summoned to appear within the time limit. Not mandatory upon the court. Example. - 50 - Civil ProcedurePleadings — Part Two · Source page ٥٠
  28. Principle 261A procedure is void if the law provides for its nullity or if it is affected by a substantial defect resulting in harm to the opposing party. An example of what is not considered such.Pleadings — Part Two · Source page ٥١
  29. Principle 262An appeal may be adjudged never to have been brought upon the respondent's request if he is not summoned to appear within the time limit. The condition therefor: the delay in service must be attributable to the appellantPleadings — Part Two · Source page ٥١
  30. Principle 263Imposition of the sanction of deeming the action or appeal as never having been brought for failure to effect service within the time limit has no application to an appeal in cassation. Reason therefor.Pleadings — Part Two · Source page ٥١
  31. Principle 264The plea that the action be deemed never to have been brought. A formal plea relating to procedure. It must be raised before addressing the merits. Addressing the merits that forfeits the plea. How this occurs. A party mPleadings — Part Two · Source page ٥١
  32. Principle 265The measure the court may take if any litigant fails to deposit documents or to perform any procedural step within the time limit it has specified. A stay. The litigant's failure to carry out what the court ordered when Pleadings — Part Two · Source page ٥١
  33. Principle 266The plaintiff bears the duty of continually following up the procedures of the action and taking the legally appropriate step where there is delay in effecting service. Neglect thereof. Its consequences. Example concerniPleadings — Part Two · Source page ٥١
  34. Principle 267The sanction of deeming the action never to have existed because more than 90 days have elapsed since it was struck out. Without its reinstatement. Prescribed for the benefit of the opposing party and unrelated to publicPleadings — Part Two · Source page ٥٢
  35. Principle 268Failure to serve the statement of appeal within thirty days from the date of its deposit. Its consequence. The appeal may be adjudged never to have been brought. Its condition. Articles 49 and 137 of the Civil Procedure Pleadings — Part Two · Source page ٥٢
  36. Principle 269Imposition of the sanction of deeming an appeal as never having been brought for failure to serve its originating document within the time limit. Discretionary for the court of merits. This means that failure to order itPleadings — Part Two · Source page ٥٢
  37. Principle 270Ruling that an action or appeal is deemed never to have been brought for failure to summon attendance within the prescribed period, at the request of the defendant or respondent. Discretionary for the court. Its conditioPleadings — Part Two · Source page ٥٢
  38. Principle 271Ruling that an action be deemed never to have been brought pursuant to Article 59 of the Code of Civil Procedure, as amended by Law 36 of 2002. Its condition. Its prior striking out for the failure of the plaintiff or apPleadings — Part Two · Source page ٥٢
  39. Principle 272The time limit within which proceedings may be resumed in an action ordered struck out. A mandatory time limit. Effect of its expiry. Deeming the action never to have been brought. This sanction arises by operation of laPleadings — Part Two · Source page ٥٢
  40. Principle 273A plea of nullity of service of the statement of claim or that the action or appeal be deemed never to have been brought. Formal pleas relating to procedure that must be raised before addressing the merits, otherwise thePleadings — Part Two · Source page ٥٣
  41. Principle 274The plea that an action be deemed never to have been brought. A formal plea concerning procedure. It must be raised before addressing the merits, otherwise the right to raise it lapses. - Addressing the merits that extinPleadings — Part Two · Source page ٥٣
  42. Principle 275Judgments rendered with final effect by courts of first instance. Challenging them. Its cases.Pleadings — Part Two · Source page ٥٣
  43. Principle 276Ruling that an action previously struck out is deemed never to have been brought. Discretionary for the court. - The plea that an action be deemed never to have been brought. A procedural plea. It must be raised before aPleadings — Part Two · Source page ٥٣
  44. Principle 277It is permissible to rule that an appeal is deemed never to have been brought, at the respondent’s request, if the respondent has not been summoned to appear within the time limit. The condition thereof: the delay in serPleadings — Part Two · Source page ٥٣
  45. Principle 278Failure to reinstate the action after it was struck off within the time limit prescribed in Article 59 of the Code of Procedure. Its effect. Deeming it never to have existed. Consequences thereof.Pleadings — Part Two · Source page ٥٤
  46. Principle 279A clear, express provision of conclusive meaning. No room for departing from it or construing it on the pretext of the rationale that prompted it and the legislature's intent therein concerning deeming an action never toPleadings — Part Two · Source page ٥٤

  47. تعجيل الدعوى

    Principle 280Stay of an action or appeal as a sanction. Proceedings must be resumed within the thirty days following expiry of the stay period. Filing the statement of reinstatement with the court registry within the period. InsufficPleadings — Part Two · Source page ٥٤

  48. الطعن بالتزوير

    Principle 281The obligation to resume proceedings in the action or appeal, where a stay has been ordered as a sanction, within thirty days of the expiry of the stay period. The reason therefor: expediting the continuation of litigatiPleadings — Part Two · Source page ٥٤
  49. Principle 282A challenge alleging forgery is a substantive means of defence. The manner of raising it and the legislature’s purpose in simplifying that manner. Example.Pleadings — Part Two · Source page ٥٥
  50. Principle 283Inclusion in the judgment or hearing minutes of a statement of the court's examination and inspection of documents upon an allegation of forgery. Not necessary. - Judgments are presumed to have been rendered after inspecPleadings — Part Two · Source page ٥٥
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