Thailand Civil Procedure Code-Section 131-139
TITLE VI
JUDGEMENTS AND ORDERS
CHAPTER I
GENERAL PRINCIPLES OF ADJUDICATION OF CASES
Section 131. A court in which a case is filed shall perform the following:
- With regard to a request filed by a party during the trial of the case in the form of a motion or oral request, the court shall issue an order granting or dismissing such request, either in writing or orally, provided that if the court gives an oral order, it shall note down such order in a detailed report;
- With regard to the issues of the case, the court shall decide such issues by a judgement or order or dispose of the case from the case list as provided in this Title.
Section 132. A court shall issue an order of disposal of a case from the case list without deciding the issues and shall determine conditions regarding costs as it sees fit,
(1)87 when the plaintiff abandons or withdraws his or her plaint or fails to appear in the court on the date scheduled for a trial as provided in section 174, section 175 and section 193 bis;
(2)88 when the plaintiff fails to furnish a guarantee as provided in section 253 and section 323 or when any party or both parties are in default as provided in section 198, section 200 and section 201;
(3) if the death of any party renders the case no longer useful or if no person substitutes the deceased party as provided in section 42;
(4) when the court has issued an order for any cases or case to be tried together or separately and thus the case is required to be transferred to another court as provided in sections 28 and 29.
Section 133. When a court does not dispose of a case from the case list as provided in the preceding section, the court shall adjudicate the case by a judgement or order on the date of completion of the trial. However, for the purpose of further consideration of the case, the court may postpone its judgement or order to any later date as it sees fit for the purpose of justice.
Section 134. In any case, no court accepting the case may refuse to render a judgement or order adjudicating the case on the grounds that there is no provision of law applicable to the case or the provision of law applicable to the case is vague or incomplete.
Section 135.89 In a case in which performance of a monetary obligation is claimed or is included in a claim, the defendant, at any time before judgement, may deposit money with the court in the amount claimed, in whole or in part, or in the amount as he or she thinks sufficient to cover the claim of the plaintiff, with or without admission of guilt.
Section 136.90 In the case where the defendant deposits money with the court with admission of guilt, if the plaintiff is satisfied and accepts the money deposited by the defendant without further claim and there is no issue of the case to be further decided, the court shall render a judgement accordingly. The judgement shall be final. However, if the plaintiff is not satisfied with the amount of money deposited by the defendant and intends to proceed with the case further with an aim to make the defendant liable for the amount of money further claimed, the defendant shall be entitled to recover such deposit and such deposit shall be deemed not to have been deposited, or the defendant may consent to the plaintiff’s taking of such deposit. In the latter case, whether the plaintiff has taken the deposit or not, the defendant shall not be required to pay interest on the deposit from the date on which the defendant consents to the plaintiff’s taking of such deposit, even though the defendant must be liable according to law.
In the case where the defendant deposits money with the court without admission of guilt, the defendant may not recover such deposit before the defendant has been judged not to be liable. This deposit shall not exempt the defendant from paying interest if he or she is so liable according to law.
Section 137. In a case in which performance of an obligation other than a monetary obligation is claimed, the defendant shall be entitled to perform such obligation by informing the court in his or her answer or in a separate written statement.
If the plaintiff accepts that such performance is in full satisfaction of his or her claim, the court shall render a judgement accordingly and such judgement shall be final.
If the plaintiff is not satisfied with such performance, the plaintiff shall be entitled to proceed with the case.
Section 138. In a case in which the parties agree or compromise on the issues of the case without the plaint being withdrawn and such agreement or compromise is not contrary to law, the court shall note down the terms of the agreement or compromise in a detailed report and render a judgement accordingly.
This judgement may not be appealed, unless:
- there is an allegation that either party has committed a fraud;
- such judgement is alleged to infringe a provision of law involving public order;
- such judgement is alleged not to be in accordance with the agreement or compromise.
If the parties merely agree to submit the case to arbitration, the provisions of this Code governing arbitration shall apply.
Section 139. When two or more cases have been tried together for the trial to be carried out conveniently, the court may render a judgement in any of such cases in which the trial has been completed and then render a judgement in the other cases.
Unofficial Translation Chaninat and Leeds Ltd. Child Abduction Lawyers in Thailand
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