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. - مسائل متنوعة

    Principle 4142A litigant's silence in response to a defence or pleas raised in the action. Does not constitute evidence of their validity.Pleadings — Part Two · Source page ٧٦٥
  2. Principle 4143Raising defences before the Court of Appeal. Does not constitute a new claim. Example. - 765 - Civil ProcedurePleadings — Part Two · Source page ٧٦٥
  3. Principle 4144The devolutive effect of appeal. Its consequence. The pleas, grounds of defense, and assertions submitted to the court of first instance are deemed to be before the appellate court unless the memoranda or positions on apPleadings — Part Two · Source page ٧٦٦
  4. Principle 4145The defendant's written defense sent to the court. The court registry may receive it. - Written defense. No particular form is required for it.Pleadings — Part Two · Source page ٧٦٦
  5. Principle 4146A litigant's right to present his substantive defence before the court of merits at both levels. His delay in presenting this defence submitting supporting documents does not detract from the validity of what he relies uPleadings — Part Two · Source page ٧٦٦

  6. - الصفة في الدفع:

    Principle 4147A new claim and a means of defense. The nature of each. Example concerning a request to appoint an expert before ordering completion of partition registration procedures. - Appellate proceedings. Defined by what has beenPleadings — Part Two · Source page ٧٦٦
  7. Principle 4148Establishment that the lease was concluded between the appellant as lessee and the respondent as lessor. Inclusion in the contract of authorization of the latter to undertake litigation procedures concerning disputes ariPleadings — Part Two · Source page ٧٦٩

  8. - المصلحة في الدفع

    Principle 4149Nullity of proceedings owing to one litigant’s lack of standing or invalid representation in the action. Does not concern public policy. Its implication: the court does not address it of its own motion, and raising this Pleadings — Part Two · Source page ٧٦٩
  9. Principle 4150The appearance of a party’s name in the statement of claim without his capacity. Does not give rise to a plea of inadmissibility of the action so long as it is clear that he is sued in that capacity.Pleadings — Part Two · Source page ٧٦٩
  10. Principle 4151A plea that the action is inadmissible because it was brought by a person lacking capacity. Is not admissible where the defect affecting those with diminished capacity has ceased. Cessation of the defect validates the liPleadings — Part Two · Source page ٧٦٩
  11. Principle 4152Non-pursuit barring the hearing of an action under the Majalla of Judicial Rules. Articles 1666, 1667. The excuses stated therein are illustrative. The judge’s power to apply them by analogy. Recourse to the courts concePleadings — Part Two · Source page ٧٦٩
  12. Principle 4153A cassation appeal is deemed lodged from the date its petition is deposited with the Registry of the Higher Court of Appeal, irrespective of the time of service of its petition. Invalidity occurring in service. Has no efPleadings — Part Two · Source page ٧٧٠
  13. Principle 4154The condition for ruling a procedural act void. That its invalidity result in harm to the party. Invalidity of service of the cassation appeal petition. Establishment that the respondent submitted a defense memorandum wiPleadings — Part Two · Source page ٧٧٠
  14. Principle 4155Invoking a plea is confined to the person for whose benefit it was prescribed. The judgment’s disregard of a plea invoked by someone other than the person having an interest therein. Does not render it defective.Pleadings — Part Two · Source page ٧٧٠
  15. Principle 4156Interest is a condition for the admissibility of an action, request, or plea. The interest recognized is legal interest. Definition of legal interest. Assessing its existence. A matter of fact.Pleadings — Part Two · Source page ٧٧٠
  16. Principle 4157A request or plea in which its proponent has no existing legal interest. Is inadmissible.Pleadings — Part Two · Source page ٧٧٠
  17. Principle 4158Nullity shall not be adjudged, despite being expressly provided for, if the procedural act causes no harm to the litigant. Example.Pleadings — Part Two · Source page ٧٧٠
  18. Principle 4159A claim or plea in which its proponent has no interest. Inadmissible. When an interest exists. Example.Pleadings — Part Two · Source page ٧٧٠
  19. Principle 4160A judgment conclusively determining several claims or issues, and a principal appeal being lodged against its ruling on one of them. Effect thereof. The respondent may lodge a subsidiary appeal after expiry of the appealPleadings — Part Two · Source page ٧٧٠
  20. Principle 4161Nullity arising from service. Relative nullity that may be invoked only by the person for whose benefit it was prescribed. Example: a plea of nullity of service of the reinstatement of the action after its striking out, Pleadings — Part Two · Source page ٧٧١
  21. Principle 4162A person joined as a respondent in an appeal. He must have an interest in defending the judgment when it is issued. Example.Pleadings — Part Two · Source page ٧٧١
  22. Principle 4163Interest is the basis of an action. Its implication. Inadmissibility of any request or plea in which its proponent has no legally recognized interest. Example.Pleadings — Part Two · Source page ٧٧١
  23. Principle 4164A claim or plea. The condition for its admissibility: interest. - Interest in an appeal. Its criterion. Its absence where the appeal is based on an unavailing contention or on a ground which, even if valid and requiring Pleadings — Part Two · Source page ٧٧١
  24. Principle 4165A claim or plea in which its proponent has no existing legal interest. Is inadmissible. - A ground of challenge which, even if valid and requiring cassation of the judgment, would bring no benefit to the appellant. The aPleadings — Part Two · Source page ٧٧١
  25. Principle 4166The plea that the action be deemed never to have existed for failure to reinstate it after striking it out. Established for the benefit of the defendant who was not served. Its effect. No other person may invoke the pleaPleadings — Part Two · Source page ٧٧١
  26. Principle 4168A request or plea in which its proponent has no interest. Inadmissible. Example in a cassation appeal.Pleadings — Part Two · Source page ٧٧٢
  27. Principle 4169A request or plea in which its proponent has no existing interest recognized by law. Its inadmissibility. - Basing a challenge on an ineffectual ground or one that affords the appellant no benefit. Does not provide an inPleadings — Part Two · Source page ٧٧٢
  28. Principle 4170A claim or plea in which its proponent has no interest recognised by law. Inadmissible.Pleadings — Part Two · Source page ٧٧٢
  29. Principle 4172A request or plea in which its proponent has no existing interest recognized by law. Inadmissible. - An appeal based on an ineffective argument or on a ground which, if valid and requiring cassation of the judgment, woulPleadings — Part Two · Source page ٧٧٢
  30. Principle 4173A claim or plea in which its proponent has no existing interest recognised by law. Inadmissible. - An ineffective ground. Does not establish an interest in challenging the judgment. Example.Pleadings — Part Two · Source page ٧٧٢
  31. Principle 4174A claim or plea in which the person making it has no existing legal interest. Inadmissible.Pleadings — Part Two · Source page ٧٧٢

  32. - انعدام الأهلية

    Principle 4176A request or plea in which its proponent has no existing interest recognized by law. Inadmissible. - Lack of capacity:-Pleadings — Part Two · Source page ٧٧٣

  33. - عبء إثبات الدفع

    Principle 4178Lack of litigation capacity in the person who instituted the action or the person against whom it was instituted. Its effect. Nullity of the litigation proceedings, and the plea is one of nullity, not nonexistence. - ThePleadings — Part Two · Source page ٧٧٣
  34. Principle 4182Proof of a defence. Falls upon the person asserting it. The parties must submit evidence of the defences they invoke; otherwise, the challenge becomes unsupported by evidence.Pleadings — Part Two · Source page ٧٧٣
  35. Principle 4183The burden of proving a plea. It falls upon the party raising it. - A plea for which no evidence or supporting basis has been submitted. The court of merits may not be required to determine it. The reason for this. - 773Pleadings — Part Two · Source page ٧٧٣

  36. - الدفع الشكلي

    Principle 4185An allegation of simulation by way of an action or a plea. It must be express and unequivocal. A bare allegation of collusion. Insufficient. - Procedural plea:-Pleadings — Part Two · Source page ٧٧٤
  37. Principle 4186The plea of lack of standing. Its cases. Merely omitting the company’s name from the statement of claim does not give rise to a plea that the action is inadmissible for lack of standing. It does, however, raise a plea thPleadings — Part Two · Source page ٧٧٤
  38. Principle 4187The petition for cassation. Its complete omission of the respondent’s domicile. Its nullity. Article 153 of the Code of Procedure. Service of it at the lawyer’s office despite the papers containing the original domicile.Pleadings — Part Two · Source page ٧٧٤
  39. Principle 4188Service of the cassation appeal petition at the elected domicile despite knowledge of the place of residence. The female recipient’s submission of a response memorandum within the time limit. No invalidity. Reason thereoPleadings — Part Two · Source page ٧٧٤
  40. Principle 4189Nullity of the statement of appeal for failing to state the capacities of the litigants. Relative. It may be invoked only by the person for whose benefit it was prescribed. A litigant who has been properly joined may notPleadings — Part Two · Source page
  41. Principle 4190The appellant's filing of his appeal under a name different from the name under which he was joined in the action does not invalidate it, provided that the respondent does not dispute that the appellant is the person whoPleadings — Part Two · Source page
  42. Principle 4191A plea that the action be deemed never to have been brought because the defendant was not summoned to appear within ninety days from the date the statement of claim was submitted to the court registry. Prescribed for thePleadings — Part Two · Source page
  43. Principle 4192Formal pleas not relating to public policy. Must be raised together and before any other procedural plea, request, or defense. Raising some but not others. Those not raised lapse. The same rule applies within a single foPleadings — Part Two · Source page
  44. Principle 4193Deeming the action as though the other litigant had not been served with notice of its continuation within ninety days of its being struck out. Its purpose. How this time limit is to be observed. Expiry of the time limitPleadings — Part Two · Source page
  45. Principle 4194Appeal by cassation. Its exclusion from the scope of application of the sanction and of deeming an appeal as if it had not been. The basis thereof.Pleadings — Part Two · Source page
  46. Principle 4195The 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. Its nature. Addressing the merits in a manner forfeiting the riPleadings — Part Two · Source page
  47. Principle 4196A plea of nullity of the statement of claim. The right to raise it lapses if it is not raised in the notice of appeal. The reason for this. - 775 - Civil ProcedurePleadings — Part Two · Source page
  48. Principle 4197Deeming the action never to have existed for failure to serve the opposing party with notice of its resumption within ninety days of its being struck out. Its application to an appeal. Failure of service to reach the resPleadings — Part Two · Source page
  49. Principle 4198Indivisibility. Its meaning. That determination of the dispute admits of only one solution. The effect of this on a plea to deem the appeal as never having been brought where there are multiple respondents. Example.Pleadings — Part Two · Source page
  50. Principle 4199A litigant’s recourse to the courts in a matter agreed to be arbitrated constitutes a violation of the rules of functional jurisdiction. Jurisdiction in this respect is unrelated to public order. The effect thereof. It mPleadings — Part Two · Source page
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