Eviction Proceedings and Notice Requirements for Appeal Delivery
Order 9 – Plaintiff seeks an order for the eviction of the Defendant from the disputed property. The Court ruled on October 30, 2545, stating: “Accept Plaintiff as an Appellant. The Defendant shall respond in 15 days, if unable to respond, shall not be considered a response. If the Defendant does not comply, it shall be deemed a response.” Subsequently, on November 4, 2545, the Plaintiff submitted a statement claiming: “The Defendant resides within the jurisdiction of Phitsanulok Province Court. The Court of First Instance shall notify the Phitsanulok Province Court to proceed with sending a copy of the Appeal document, along with a receipt for expenses incurred by the official messenger, for the Defendant’s awareness.” The Phitsanulok Province Court then issued a letter informing the Court of First Instance that the copy of the Appeal document had been sent to the Defendant and the official messenger’s evidence had been provided. The Court of First Instance resided in the same house as the Plaintiff, worked as a clerk for the Court of First Instance, and had informed the Plaintiff of the Court’s order, but the Plaintiff traveled to conduct business in another country and did not return. On December 12, 2545, the official messenger, within the stipulated time, failed to deliver the documents. Subsequently, the Court of Appeal ruled that the case was dismissed due to the cessation of unrest. The Plaintiff returned and learned that the Court of Appeal had ruled.
Advice – In light of the above, as a prosecutor with the Office of Protection of Rights and Legal Assistance to the Public, I would advise the Plaintiff as follows:
The order issued by the Court of First Instance on December 4, 2545, stating, “The Plaintiff must notify the Defendant of the result of the sending of the copy of the Appeal document to the Defendant, that is, whether it was delivered or not, before making a statement within 7 days,” means that the Plaintiff must first ascertain whether the copy of the Appeal document had been delivered before making a statement within 7 days. As the Clerk of the Court that issued the order, the Plaintiff’s sister and lived in the same house as the Court’s order. The Court’s order and was informed of the Plaintiff’s situation. The official messenger of the Phitsanulok Province Court, the Plaintiff had no opportunity to ascertain the result of the sending of the Appeal document. The Plaintiff did not inform the Court of First Instance within the time stipulated by the Court of First Instance during the proceedings within the time stipulated by the Court of First Instance, in accordance with the Civil Procedure Code.
The ruling of the Court of Appeal that dismissed the Plaintiff’s case was based on Section 174 (2) of the Civil Procedure Code.
The Prosecutor should advise the Plaintiff to appeal to the Supreme Court for a judgment on the judgment of the Court of Appeal and for the Plaintiff to obtain a new copy of the Appeal document and proceed with the proceedings.