Dismissal of Prosecution and Related Civil Claim


Mr. Daeng is the Plaintiff in this action against Mr. Dam, which was brought before the court on the date of the preliminary objection hearing. The Court ruled to dismiss the case. Following this ruling, the Court ordered the withdrawal of the preliminary objection, but subsequently, Mr. Daeng requested the withdrawal of that objection after the Court permitted its withdrawal. Subsequently, Mr. Daeng filed a request to join as a co-Plaintiff. The Prosecutor charged Mr. Dam as the Defendant in the same matter. Mr. Daeng and Mr. Dam, the Defendants, opposed the charge. They argued that the same case was dismissed by the Court, as follows: If you were a court in the case involving the Prosecutor or the judgment, what would be your answer? The Court dismissed the case against Mr. Daeng, pursuant to the Civil Procedure Code. Mr. Daeng cannot file another action against Mr. Dam in the same matter, therefore, Mr. Daeng filed a claim under Section 161. Co-Plaintiff. The Court must have an order suspending Mr. Daeng’s objection and his right to appeal, as stipulated in the final paragraph of Section 166, due to the dismissal of the case brought by the Prosecutor (Judicial Court Decision No. 816/2523).