Translation:Announcements, Acts, and Decrees From the Reign of Rama VIII/Tome 2/Part 24

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Announcements, Acts, and Decrees From the Reign of Rama VIII: Tome 2 (1936)
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24. Civil Procedure Code

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745227Announcements, Acts, and Decrees From the Reign of Rama VIII: Tome 2 — 24. Civil Procedure Code1936

Contents
Civil Procedure Code

Sections
Division 1 xxx
Title	1	xxx					1
Title	2	xxx
		Chapter	1	xxx			2–10
		Chapter	2	xxx			11–14
		Chapter	3	xxx			15–34
		Chapter	4	xxx			35–45
		Chapter	5	xxx			46–54
Title	3	xxx					55–66
Title	4	xxx					67–83
Title	5	xxx
		Chapter	1	xxx			84–105
		Chapter	2	xxx			106–121
		Chapter	3	xxx			122–127
		Chapter	4	xxx			128–130
Title	6	xxx
		Chapter	1	xxx			131–139
		Chapter	2	xxx			140–148
		Chapter	3	xxx
				Part	1	xxx	149–160
				Part	2	xxx	161–169
Division 2 xxx
Title	1	xxx					170–188
Title	6	xxx
		Chapter	1	xxx			189–196
		Chapter	2	xxx			197–1209
		Chapter	3	xxx			210–222
Division 3 xxx
Title	1	xxx					223–246
Title	2	xxx					247–252
Division 4 xxx
Title	1	xxx
		Chapter	1	xxx			253–265
		Chapter	2	xxx			266–270
Title	2	xxx
		Chapter	1	xxx			271–302
		Chapter	2	xxx			303–322

Civil Procedure Code

Division 1
General provisions

Title 1
Terminology

Section1.In this Code, if the text does not show otherwise—

(1)"court" means a court of justice or judge having the power to try and adjudicate upon civil cases;

(2)"case" means the proceedings commencing from the submission of a plaint to a court for the acknowledgement, protection, enforcement, or exercise of a right or duty;

(3)"plaint" means any proceeding by which a plaintiff submits a claim to a court, regardless of whether it be submitted orally or in writing, whether it be submitted to a court of first instance or of appellate instance or of last resort, and whether it be submitted at the time of instituting the case by a plaint or request or subsequently by an additional or amended plaint, or by a counterclaim, or by voluntary or compulsory intervention in the case, or by application for a new trial;

(4)"reply" means any proceeding, save an argument, by which a party raises a defence as provided in this Code in reply to a plaint;

(5)"pleading" means any plaint, reply, or motion filed with a court for sets up an issue between the parties;

(6)"argument" means an oral or written statement made to or filed with a court by a party for the purpose of submitting an opinion to the court on a matter in issue raised in a pleading or on any question the court should pass an order or judgment upon, in respect of which the party merely shows, or reviews, or confirms, or explains the contents of a testimony and any questions of law and of fact; an argument may be included in a pleading;

(7)"proceeding" means any act provided for by this Code in relation to a case, which is done by a party to such case, or by the court, or by order of the court, regardless whether it be done by any party to the court or to the other party or by the court to any or every party, and includes the service of pleadings and other documents as provided in this Code;

(8)"trial" means all the proceedings before any court prior to the adjudging or disposal of a case by that court through a judgment or order;

(9)"sitting" means a sitting of a court in relation to the trial of a case, such as for settling issues, taking evidence, holding examinations, hearing applications, or hearing oral arguments;

(10)"day of taking evidence" means the day on which the court starts taking evidence;

(11)"party" means a person who files a plaint with a court or against whom a plaint is filed with a court, and, for the purpose of the conduct of a proceeding, shall include a person having the right to represent such person according to the law or as a counsel;

(12)"incapacitated person" means a person who has no capacity according to the law or whose capacity is limited by the provisions of the Civil and Commercial Code on capacity;

(13)"statutory representative" means a person who, according to the law, has the right to represent an incapacitated person or is required to grant permission or consent to an incapacitated person for the doing of any act;

(14)"executing officer" means a court officer or other official invested by the provisions of an applicable law with the power to carry out the measures provided in Division 4 of this Code for the protection of the rights of a party during a trial or for the execution of a judgment or order.

Title 2
Courts

Chapter 1
Court jurisdiction

Section2.No plain shall be submitted to any court, save—

(1)where it appears, after taking the nature of the plaint and the instance of the court into consideration, that the court has the power to try and adjudicate upon the case according to the provisions of the law on the Charter of the Courts of Justice; and

(2)where it appears, after taking the plaint into consideration, that the case is subject to the territorial jurisdiction of the court according to the provisions of this Code on the court empowered to accept the plaint and according to the provisions of the law designating the territorial jurisdiction of the court as well.

Section3.In the case that there is no provision of this Chapter governing the filing of a plaint by a Thai national against a Thai national, such plaint may be filed with a court of first instance in the zone of Phra Nakhon and Thon Buri Provinces.

Section4.

(1)

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