Thailand Civil Procedure Code-Section-55-66
TITLE III
PARTIES
Section 55. When any dispute arises in relation to the right or duty of any person under the civil law or any person is to exercise his or her right through a court, such person shall be entitled to submit his or her case to a civil court having jurisdiction in accordance with the provisions of the civil law and this Code.
Section 56. An incapacitated person or his or her representative may submit a claim to a court or carry out any proceedings only when the provisions of the Civil and Commercial Code governing capacity and the provisions of this Code have been complied with. Permission or consent under those provisions shall be given in writing and filed with the court for inclusion in the file.
At any time before judgement, the court, when it sees fit or upon the filing of the request in the form of a motion by either party, shall have the power to conduct an inquiry into the capacity of the applicant or of the opposing party, and if the court is satisfied that his or her capacity is defective, the court may issue an order requiring rectification of such defect within a reasonable period of time to be ordered by the court.
If the court views that any delay in the proceedings should be avoided for the purpose of justice, the court may order the party whose capacity is defective to proceed with the case for the time being; provided, however, that the court may not render a judgement on the issues of the case until such defect has been fully rectified.
If the incapacitated person has no legal representative or his or her legal representative is unable to perform the duties, the court shall have the power to issue an order granting any permission or consent required or appointing a specific representative for the incapacitated person. If no one acts as a representative, the court shall have the power to appoint a public prosecutor or other administrative official as a representative.
Section 57. A third party who is not a party to a case may become a party through interpleading:
- voluntarily because he or she finds that the interpleading is necessary for the acknowledgement, protection or enforcement of a right entitled by him or her by filing an application with the court in which such case is pending trial, or when he or she has the right of claim in connection with the enforcement of a judgement or order by filing an application with the court issuing the writ of execution;
- voluntarily because he or she has a legal interest in the outcome of the case by filing an application with the court at any time before judgement, requesting permission to become a joint plaintiff or joint defendant or to substitute either party with consent of such party; provided, however, that even though the court has permitted the substitution, such party shall be bound by a judgement of the court in all respects as if there were no substitution;
- by being summoned to appear in the case (a) upon the request of either party in the form of a motion specifying the reasons why he or she may sue or may be sued by such party by virtue of a right of recourse or a right to compensation if the court considers such party to lose the case; or (b) by an order of the court when it sees fit or upon the request of either party in the case where the law requires the third party to appear in the case or the court thinks it necessary to summon the third party to appear in the case for the purpose of justice; provided, however, that either party may summon such third party to appear in the case by filing a motion for issuance of a writ of summons together with the filing of the plaint or answer or subsequently at any time before judgement with permission of the court when the court is satisfied that such motion cannot be filed sooner.
The service of a writ of summons on a third party under this subsection shall be accompanied by a copy of the request or the order of the court, as the case may be, and the plaint instituting the case.
The provisions of this Code shall not preclude a creditor from exercising his or her debtor’s claim and calling the debtor to appear in the case as provided in the Civil and Commercial Code.
Section 58. An interpleader who has become a party under subsections (1) and (3) of the preceding section shall have the same rights as if he or she had sued or been sued in a new case. In particular, the interpleader may produce new evidence, object to any document already filed, cross-examine any witness already examined and object to evidence already taken before he or she has interpleaded, or may appeal or petition against a judgement or order of the court as provided by law and may receive or may be compelled to pay costs.
An interpleader who is a party under subsection (2) of the preceding section shall not exercise any rights other than those held by the party with whom he or she joins as a joint
plaintiff or joint defendant during the trial stage when he or she interpleads and shall not exercise those rights in a way that conflicts with the rights of the original plaintiff or defendant, and the interpleader shall pay costs arising from the interpleading. However, if the court permits him or her to substitute the original plaintiff or defendant, the interpleader shall have the same position as the party whom he or she substitutes.
When a judgement or order has been rendered, if there is any issue related to the case which must be settled between the interpleader and the party with whom the interpleader has joined or has been summoned to join, the interpleader shall be bound by such judgement or order, unless:
- the interpleader has become a party to the case too late to present material contentions due to such party’s negligence; or
- such party, willfully or by gross negligence, did not assert a material contention on a question of law or of fact not known by the interpleader.
Section 59. Two or more persons may be parties to the same case as joint plaintiffs or joint defendants if it appears that they have mutual benefits in the grounds of action. However, they shall not be considered to represent each other unless the grounds of action are the performance of an indivisible obligation or unless it is so provided expressly by law, in which case they shall be considered to represent each other only to the following extents:
- Proceedings carried out by or against one of such co-parties shall be deemed to have been carried out by or against the other co-parties, except proceedings carried out by one of the co-parties to the prejudice of the other co-parties;
- Adjournments or stays of trial in relation to one of the co-parties shall apply to the other co-parties.
Section 60.37 Either party or his or her legal representative where the party is an incapacitated person or his or her representative where the party is a juristic person may conduct the case himself or herself and carry out all proceedings as he or she thinks fit in his or her interest or may appoint one or several counsels to conduct the case and carry out such proceedings on his or her behalf.
If the party or legal representative or representative as mentioned above has made a power of attorney appointing any person to represent him or her in the case, such attorney may not conduct the case as a counsel, but may appoint a counsel to carry out the proceedings.
Section 61. An appointment of a counsel shall be made in writing signed by the party and the counsel and filed with the court for inclusion in the file. This deed of appointment shall be valid only for the case for which it is filed. When any counsel has been granted general power to represent another person for any case, such counsel shall produce the general power of attorney and make a copy of such document for filing with the court in lieu of the deed of appointment in order to proceed with each particular case, as provided in this section.
Section 62. A counsel appointed by a party shall have the power to conduct the case and carry out any proceedings on behalf of the party as he or she thinks fit to protect such party’s interest. However, if any proceedings involve the disposal of the party’s right, such as acceptance of the opposing party’s demand, withdrawal of a plaint, compromise, waiver or exercise of the right to appeal or petition or request for a new trial, the counsel shall not have the power to carry out such proceedings without express authorisation from the party. This express authorisation may be specified in the deed of appointment for such case or made subsequently and separately in the form of one or several powers of attorney, and in the latter case, the provision of section 61 shall apply.
In any case, the party or the representative may immediately disavow or correct any statement made orally by his or her counsel in his or her presence in the court even though the party or the representative has not reserved the right to do so in the deed of appointment.
Section 63. The provision of the preceding section shall not preclude the party from appointing his or her representative or counsel, in a written form filed with the court, to receive money or property paid to or deposited with the court as fees or otherwise and ordered to be repaid or delivered to such party by the court. However, if the court has any doubt as to the capacity or identity of the representative or counsel appointed above, the court shall have the power to order for such party or counsel or both of them to appear before the court in person.
Section 64. Unless otherwise ordered by the court, when there are special reasons in a case particularly concerning either party or a counsel of either party, the party or counsel may appoint any person to act on his or her behalf by filing a proxy with the court on each occasion for carrying out any of the following: determining a date of hearing or of taking evidence or for the hearing of any order, decree or decision of the court; hearing any order, decree or decision of the court or endorsing to acknowledge the same; receiving copies of answers, motions or other documents as provided in sections 71 and 72 and acknowledging the same.
Section 65.38 A counsel appointed by a party to act as his or her counsel of the case may make a request to the court for removal of him or her from such appointment; provided, however, that he or she shall demonstrate to the satisfaction of the court that he or she has informed the same to the party, unless the party cannot be found.
When the court has issued an order granting such request, the court shall have the order served on the party at prompt by ordinary service or by any other means as the court sees fit.
Section 66. When any person alleges that he or she is the legal representative of a party or the representative of a juristic person, the court, when it sees fit or upon the filing of the request in the form of a motion by the party concerned at the time of the filing of his or her plaint or answer, may conduct an inquiry into his or her power, and if it is satisfied that such person has no power or his or her power is defective, the court shall have the power to dismiss the case or give any other judgement or order as it sees fit for the purpose of justice.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Abduction Attorneys
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