Dismissal Based on Absence During Court Proceedings


On the date of the two-day hearing of the civil case, the defendant did not appear in court. The court, prior to and on the date of April 28, 2518, set a date for the examination of the plaintiff’s witnesses, which was known by the defendant. On March 28, 2518, the court officer reported to the court, examining the plaintiff’s witnesses. The plaintiff and defendant did not appear in court, and the first instance court ordered the case to be dismissed. Subsequently, in 2518, the plaintiff and defendant appeared in court and learned that the court had ordered the case dismissed, and the case was dismissed and requested to continue the proceedings. The fact that the court, by the plaintiff and defendant, had not received the notice of the hearing, the order of dismissal was made. The defendant appealed the aforementioned order as follows: The order of the first instance court ordering the dismissal of the case is valid or not, can the defendant immediately appeal this order? Judgment of the Supreme Court Grand Chamber Case No. 1692/2516 states that the first instance court dismissed the case, erroneously believing that the plaintiff and defendant were absent from the hearing. This is not a violation of the provisions regarding proceedings without a party present. There were no 200 instances. The first instance court could not revoke the erroneous procedure. The order of the first instance court ordering the dismissal of the case is not an order. The defendant can immediately appeal as per Section 226 (1) Mr. K. was robbed of a gold necklace worth 1,500 baht by Mr. X.