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CIVIL AND COMMERCIAL PROCEDURE LAW - Law No. 13 of 1990
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BOOK ONE: Procedures before the Courts
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Appeal by a Party that Withdrew from Proceedings
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CIVIL AND COMMERCIAL PROCEDURE LAW - Law No. 13 of 1990
Law Summary Record
Type:
Law
Number:
13
Date:
17/06/1990 Corresponding to 24/11/1410 Hijri
Number of Articles:
580
Status:
In force
Official Gazette :
Issue:
13
Offcial Journal Issue
Publication Date:
01/01/1990 Corresponding to 04/06/1410 Hijri
Page from:
2967
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Appeal by a Party that Withdrew from Proceedings
185 Article
The party that deemed the judgment issued on the lawsuit as evidence against him, without joining or intervening in it, may appeal this judgment provided that he proves fraud on the part of his representative or collusion and grave negligence thereof. Furthermore, the joint creditors and debtors or creditors and debtors with consideration that are indivisible may appeal the judgment issued against one creditor or debtor.
186 Article
- Amended
(As amended pursuant to Article 1 of Law No. 13 of 2005)
An appeal shall be filed with the court that issued the judgment in accordance with the normal procedures for filing a lawsuit and both the appellant and losing party shall be part of the litigation. The appeal shall contain a statement of the judgment which is the subject of appeal and grounds of appeal, otherwise it shall be and void. The court that hears the appeal may consist of the same judges who issued the judgment. The appellant shall deposit, as a security, the sum of one hundred Qatari Riyals (QR 100) if the judgment under appeal was issued by the summary court or penalary court. He shall deposit two hundred Qatari Riyals (QR 200) if the judgment was issued by the Court of Appeal. The office of the Registry of the court shall not accept the appeal if not attached with proof of deposit of the security. It shall be sufficient to deposit one payment as security when there are a number of appellants who have filed one appeal even if the grounds of appeal are different. Those who are exempted from payment of judicial fees shall be exempted from deposit of this security. The government shall also be exempted from payment of such security. Security shall be confiscated by operation of the law whenever a judgment is issued for refusal or unacceptability or expiry or ity or rejection of an appeal.
187 Article
An appeal may be filed against an interlocutory order in an existing lawsuit, unless the court has no jurisdiction to hear it for reasons pertaining to the type or value of the lawsuit or if the court is lower than the court that issued the judgment. In such cases, appeal shall be permissible only against the original lawsuit filed before the court that issued the judgment.
188 Article
The right to appeal shall be maintained unless the time limit expires.
189 Article
Appeal against the judgment shall not stay execution, unless the court in which the lawsuit was filed orders the stay for serious reasons. Appeal against the judgment shall lead to review of the lawsuit based only on what the appeal entails. If the court accepts the appeal, it shall not be permissible for it to repeal the appealed judgment or amend it unless it pertains to parts that are harmful to the appellant. The judgment issued on appeal shall only be in favor of the party that filed it. This judgment may be appealed in accordance with the provisions applicable in this respect.
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