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

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. لعدم إعلانه خلال الميعاد

    Principle 3208Failure to observe the prescribed time limit for notifying the appellee of the date for his appearance permits a ruling deeming the appeal as if it had never been brought. The appellee’s appearance after its expiry neithPleadings — Part Three · Source page 541
  2. Principle 3209Deeming an appeal never to have existed because of the appellant's delay in validly serving its statement within thirty days from the date of its filing. Ruling to that effect. Discretionary for the court. The condition Pleadings — Part Three · Source page 541
  3. Principle 3210An appeal may be deemed as never having been brought if the respondent is not served with a summons to appear within the prescribed period, where this is attributable to the appellant's act. Example.Pleadings — Part Three · Source page 542
  4. Principle 3211Deeming an action and an appeal never to have been brought for failure to serve their initiating documents within the prescribed time limit. This does not apply to an appeal in cassation.Pleadings — Part Three · Source page 542
  5. Principle 3212Appearance pursuant to invalid service removes the nullity, thereby curing the service from the date it occurred, not from the date of appearance. Effect thereof. Service is deemed to have been effected within the prescrPleadings — Part Three · Source page 542
  6. Principle 3213Deeming the appeal as never having been brought for failure to summon the respondent to appear within thirty days from the date of submission of the appeal petition to the court registry, where this delay resulted from tPleadings — Part Three · Source page 542
  7. Principle 3214Deeming the action as never having been brought for failure to serve the opposing litigant with notice of its resumption within ninety days of its being struck off. Its applicability to an appeal. Failure of service to rPleadings — Part Three · Source page 542
  8. Principle 3215Discretion to impose the sanction of deeming the action or appeal as never having been brought if the defendant or respondent is not summoned to appear within the prescribed time limit. Within the power of the court of mPleadings — Part Three · Source page 542
  9. Principle 3217Imposition of the sanction of deeming the appeal as if it had never been brought. Discretionary for the court. - The judgment’s exercise of a discretion conferred on it by law. Does not vitiate it. Example concerning a rPleadings — Part Three · Source page 543
  10. Principle 3218Indivisibility. Its meaning. That determination of the dispute admits of only one solution. The effect of this being present on the plea to deem the appeal as never having been where there are multiple respondents. ExampPleadings — Part Three · Source page 543
  11. Principle 3219Deeming an action or appeal as never having been brought if the defendant or respondent is not summoned to appear within the prescribed time limit. Its condition. That the delay in service be attributable to an act of thPleadings — Part Three · Source page 543
  12. Principle 3220A judgment deeming the action or appeal as never having been brought because the plaintiff or appellant delayed serving its statement or petition on his opponent, intentionally or negligently. Imposition of this sanctionPleadings — Part Three · Source page 543
  13. Principle 3221A ruling deeming an appeal as never having been brought because the respondent was not summoned to appear through the appellant's act. Discretionary for the court of merits. Example. - 543 - Civil ProcedurePleadings — Part Three · Source page 543
  14. Principle 3222Deeming an action or appeal as if it had never been brought for failure to summon appearance within the statutory time limit. Conditions for imposing this sanction. Assessment of whether to impose this sanction. Falls wiPleadings — Part Three · Source page 544
  15. Principle 3223An appeal petition produces its effects from the date of its deposit with the Registry. It must be served within thirty days from the date of that deposit. This time limit is a time limit for appearance. The implication Pleadings — Part Three · Source page 544
  16. Principle 3224Assessing whether to impose the sanction of deeming an appeal as never having been brought for failure to serve the appeal petition within the prescribed period falls within the unrestricted discretion of the court of mePleadings — Part Three · Source page 544
  17. Principle 3225The validity of service of an appeal at an elected domicile depends on the party having designated it as an elected domicile in the document serving the judgment. - What matters in service is the actual delivery of a copPleadings — Part Three · Source page 544
  18. Principle 3226An appeal petition produces its effects from the date of filing. Its service is a necessary procedure for constituting the proceedings. It must be completed within thirty days of filing. - The court may, at the respondenPleadings — Part Three · Source page 545
  19. Principle 3227The sanction of deeming an appeal as never having been brought for failure to complete service of its petition within the prescribed period. Its imposition. A discretionary power of the court whenever the conditions for Pleadings — Part Three · Source page 545
  20. Principle 3228Imposing the sanction of deeming the action or appeal as never having been brought because of delay in service. - 545 - Procedure Is discretionary for the court and left to its absolute discretion, without any obligationPleadings — Part Three · Source page 545
  21. Principle 3229Imposing the sanction of deeming the appeal as never having been brought for failure to serve its petition within the prescribed time limit. Within the unfettered discretion of the court of merits. In forming its convictPleadings — Part Three · Source page 546
  22. Principle 3230A ruling deeming the appeal as if it had never been brought where the appellee is not summoned to appear within the statutory time limit is discretionary for the court. Example of non-application of the sanction.Pleadings — Part Three · Source page 546
  23. Principle 3231Permissibility of ruling 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 conPleadings — Part Three · Source page 546
  24. Principle 3232Imposition of the sanction of deeming an appeal as never having been brought. Discretionary for the court, which independently assesses it, provided its assessment is reasonable. An example of delay.Pleadings — Part Three · Source page 546
  25. Principle 3233Filing the statement of appeal with the Registry. Effect. It must be served on the respondent within thirty days for the litigation to be constituted. Delay in service beyond this time limit gives the respondent the righPleadings — Part Three · Source page 546
  26. Principle 3234Deeming the action or appeal as never having been brought. Discretionary for the court. Its condition. That the delay in service, whether intentional or negligent, is attributable to the plaintiff's or appellant's act, ePleadings — Part Three · Source page 547
  27. Principle 3235Delay in service through the act of the plaintiff or appellant, intentionally or negligently, even after delivery of the statement of claim or appeal petition and its copies to the process server. Its effect. The action Pleadings — Part Three · Source page 547
  28. Principle 3236The sanction of deeming the appeal as never having been brought for failure to serve its petition within the time limit. The condition for its imposition. - A ruling deeming the appeal as never having been brought for faPleadings — Part Three · Source page 547
  29. Principle 3237The plea that the appeal be deemed as never having been brought. When the right to invoke it lapses. It does not concern public policy.Pleadings — Part Three · Source page 547
  30. Principle 3238Discretion to impose the sanction of deeming the appeal as never having been brought for failure to complete service within its time limit is within the unfettered discretion of the court of merits. An example of the couPleadings — Part Three · Source page 547
  31. Principle 3239Application of the sanction of deeming the appeal as if it had never been brought. Within the authority of the court of merits. The condition therefor. - The judgment’s conclusion not to apply the sanction without explaiPleadings — Part Three · Source page 548
  32. Principle 3240Bringing an appeal by filing a statement with the registry. Its service. A necessary procedure for fulfilling the adversarial principle between litigants. It must be completed within thirty days. Delay therein attributabPleadings — Part Three · Source page 548
  33. Principle 3241Service of the appeal petition within thirty days of its filing. A necessary procedure for the constitution of the proceedings. - The respondent's right to request that the appeal be deemed as never having been brought wPleadings — Part Three · Source page 548
  34. Principle 3242Imposing the sanction of deeming an appeal never to have been brought. Assessment of its imposition falls within the unfettered discretion of the court of merits. Example of its application.Pleadings — Part Three · Source page 548
  35. Principle 3243Deeming the appeal as never having been if the respondent is not summoned to appear within the specified period. Condition thereof. The delay in service must be attributable to an act of the appellant. This includes the Pleadings — Part Three · Source page 548
  36. Principle 3244Deeming the appeal as never having been for failure to summon the respondent to appear within thirty days from the date of submission of the statement of appeal to the registry, where this delay was caused by the appellaPleadings — Part Three · Source page 549
  37. Principle 3245Imposition of the sanction of deeming the appeal as never having been brought for failure to effect service within the time limit. What is required for such a ruling. Article 137/1, Procedure. - A ruling deeming the appePleadings — Part Three · Source page 549
  38. Principle 3246Service through the Public Prosecution. An exception valid only after thorough inquiries. The nature of these inquiries. - Assessment of the sufficiency of the inquiries depends on the circumstances of each case and is sPleadings — Part Three · Source page 549
  39. Principle 3247Deeming the appeal as never having been brought for failure to summon to appear within the statutory time limit. Discretion to impose it. Within the unfettered discretion of the court of merits.Pleadings — Part Three · Source page 549
  40. Principle 3248Invalidity of service of statements of claim and summonses to appear. Cured by the addressee’s appearance at the hearing specified in the notice or by filing a memorandum of defence. The reason therefor. Achievement of tPleadings — Part Three · Source page 549
  41. Principle 3249Deeming an appeal as never having been brought because the appellant delayed valid service of its notice within 30 days of its filing. Ruling to this effect. Discretionary for the court. The condition thereof. - Service Pleadings — Part Three · Source page 550
  42. Principle 3250Ruling that an appeal be deemed as never having been brought for failure to summon the respondent to appear within thirty days of filing its petition with the court registry. Discretionary for the court. Example.Pleadings — Part Three · Source page 550
  43. Principle 3251Assessment of the imposition of the sanction of deeming an appeal never to have been brought for failure to serve the statement within the prescribed time limit. Within the unfettered discretion of the court of merits. EPleadings — Part Three · Source page 550
  44. Principle 3252Filing the notice for service of the appeal petition. Its necessary consequence. The appellant must follow up its service. Appearance by the appellees pursuant to another notice served after expiry of the prescribed timePleadings — Part Three · Source page 550
  45. Principle 3253The absence of the person to be served from the domicile or workplace, or the refusal of the person found there to receive service or sign for it. The steps the process server must then take. Article 9/4 of the Civil ProPleadings — Part Three · Source page 550
  46. Principle 3254The rules and procedures applicable to an action before the court of first instance. Apply to an appeal unless the law provides otherwise. - Service of the statement of appeal. It must be validly effected within thirty dPleadings — Part Three · Source page 550
  47. Principle 3255Filing the appeal petition with the court registry produces its effect from that date. The condition of serving it. The reason therefor. - Delay in serving the petition. Its effect. The court may rule that the appeal is Pleadings — Part Three · Source page
  48. Principle 3256The sanction of deeming the appeal as never having been brought, which the court may impose in the event of delay in serving the notice of appeal, is conditional on that delay being attributable to the appellant’s act. IPleadings — Part Three · Source page
  49. Principle 3257Whether or not to impose the sanction of deeming the appeal as never having been brought for failure to complete service of the appeal petition within the prescribed time limit. Within the power of the court of merits, wPleadings — Part Three · Source page
  50. Principle 3259An action or appeal may be deemed as if it had never been brought if the plaintiff or appellee is not summoned to appear within the time limit specified by law. What is required to apply this sanction. - The plaintiff orPleadings — Part Three · Source page
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