Bangkok Legal Service

Order 6. Having submitted an affidavit, the Court issued an order rejecting the affidavit and scheduled the plaintiff’s witness examination. The plaintiff did not file a motion within the stipulated time to file an affidavit, which expired, thereby precluding the Court from issuing an order or ruling in favor of the plaintiff in the case. Furthermore, it is questioned whether the defendant can make a request to have the case re-examined. The answer to this question is as follows:

Case: Plaintiff’s Claim for Damages pursuant to the Civil Procedure Code. The Court must consider and rule on the case as a normal case. Therefore, the plaintiff claiming damages is equivalent to the defendant, the creditor, as determined by a judgment or the original defendant, who has the status of a defendant. The plaintiff claiming damages must file a motion to amend the case within 15 days from the date of receiving the summons, and within the stipulated period, the defendant’s claim for damages shall be deemed to have expired, allowing the Court to issue a judgment or order declaring the plaintiff’s failure to file an affidavit.

The Civil Procedure Code, Section 197. However, the plaintiff claiming damages must have since the stipulated time for the defendant to file an affidavit expires, allowing the Court to issue a judgment or order declaring the plaintiff’s failure to file an affidavit.

The plaintiff claiming damages must not file an affidavit unless the Court deems the claim for damages to have merit and not be contrary to the law, considering the allegations of the plaintiff claiming damages or other evidence, if it appears necessary, as stipulated in the Civil Procedure Code, Section 1. The defendant, whose case the Court has ruled to be lost without a hearing, has not filed an appeal of the order. The defendant may request a re-examination of the case pursuant to the Civil Procedure Code, Section 199 Tri.

The Civil Procedure Code, Section 199 Bis.