Bangkok Legal Service

On January 5, 2001, the attorney for the plaintiff filed a lawsuit against the defendant before the District Court. On the same day, the court issued an order accepting the lawsuit and scheduled the examination of the plaintiff’s witnesses for March 1, 2001, at 9:00 a.m., which was acknowledged by the plaintiff’s attorney’s secretary. However, due to a mistake, the court notified the District Court to schedule the examination of the plaintiff’s witnesses for April 1, 2001, at 9:00 a.m. The court official of the District Court then delivered the summons to the defendant by registered mail at the defendant’s registered address on January 31, 2001. The defendant did not oppose the lawsuit until January 31, 2001. Subsequently, on March 2, 2001, at 9:00 a.m., the District Court convened the case as scheduled, but it appeared that neither party was present in court. Therefore, an order was issued stating that both parties had failed to attend the scheduled examination of witnesses, and the case was dismissed from the court docket. On April 1, 2001, the plaintiff’s attorney and the plaintiff came to court to examine the plaintiff’s witnesses, and they learned from the District Court official that the District Court had issued an order dismissing the lawsuit on March 1, 2001.

As an attorney, what actions would be beneficial to the plaintiff? The scheduled examination of witnesses on March 1, 2001, was set in advance by the District Court, which falls within the period during which the defendant has the right to contest the case. According to Section 197 of the Civil Procedure Code, no examination of witnesses may be conducted on that day, regardless of whether any of the parties are present in court or not. Therefore, it cannot be considered a day for examining witnesses.

Consequently, it was not necessary for the defendant to attend the examination as stipulated in Section 197 of the Civil Procedure Code, which would allow the court to order the dismissal of the case from the docket. The action by the court, as stipulated in Section 200, constitutes a failure by the District Court to comply with the provisions of the law regarding proceedings without a scheduled date. Therefore, when the plaintiff’s attorney came to court, the plaintiff should take action to file a request to revoke the District Court’s order, commencing from the date that the party was informed of the message or circumstances underlying the allegation.