Eviction Defense Petitions and Their Legal Pleading Status
Article 7 alleges the eviction of Defendant 1, Defendant 2, and Defendant 3, and during the proceedings before the Trial Court, Defendant 1 filed a Statement of Defense. Defendant 2, failing to appear for the filing of a Statement of Defense as proposed, submitted a petition requesting permission to file a Statement of Defense as proposed. Defendant 3 submitted a petition requesting the Court to include Mr. Ek, an external party, as a co-defendant in the Trial Court. The three defendants will appeal the order of the Trial Court during the proceedings as follows: can Defendants 1, 2, and 3 file a petition to amend their Statement of Defense? This is a case of the Defendant 1’s proposition, therefore it is a legal pleading according to the Civil Procedure Code. The Trial Court’s rejection of the petition has the effect of refusing the legal pleading pursuant to Section 177. They have the right to appeal the order of the Trial Court during the proceedings within the stipulated period under Section 18. Defendant 1 or may postpone the appeal until the Trial Court renders a judgment on the case within one month from the date of the Court’s order.
Without necessity to dispute the order beforehand, because it is not an appeal under Section 266 (3 points). In the case of Defendant 2, submitting a petition to uphold the Statement of Defense, this petition did not establish a legal issue, therefore it was not a legal pleading. Even if a Statement of Defense was submitted along with the petition, the Court would consider the Statement of Defense only when it granted permission to the petition. Therefore, the Trial Court’s rejection of the petition was not a refusal of the legal pleading under Sections 227, 228, but a interlocutory order. Defendant 2 cannot appeal the order of the Trial Court during the proceedings; this is prohibited under Section 226 (4). In the case of Defendant 3, submitting a petition to include Mr. Ek as a party, this petition was not an issue between parties or was not a petition by an external party to introduce an issue into the case, therefore it was not a legal pleading. The Trial Court’s rejection of the petition was an interlocutory order, not a refusal of the legal pleading. Defendant 3 cannot appeal the order in this manner during the ordinary proceedings; this is prohibited under Section 226 (3 points).