Bringing Ancillary Actions outside the Time-Limit

According to some articles of civil procedure code (as articles 135, 136 and 143) some ancillary actions (such as counter-claim and impleader) should be made within certain time-limits. In case of not considering the time limits and bringing these actions outside the time-limits, there are three...

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Bibliographic Details
Main Author: Mehdi Hasanzadeh
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2013-10-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Subjects:
Online Access:http://jplr.atu.ac.ir/article_180_2e498bbe08f49035d944d781e87dea59.pdf
Description
Summary:According to some articles of civil procedure code (as articles 135, 136 and 143) some ancillary actions (such as counter-claim and impleader) should be made within certain time-limits. In case of not considering the time limits and bringing these actions outside the time-limits, there are three theories; A) dismissal of action, B) separating the action and trying the claim separately C) differentiating between the cases related to the main claim and the non-related ones, trying the firstones together and trying the latterseparately. There are viewpoints, reasoning and criticisms about acceptance and rejection of each theory. However, reasons of the third theory are stronger and its criticisms are weaker. So this theory is more acceptable.
ISSN:2345-3583