Document Type : Academicm and Research

Author

• Ahad Gholizadeh Manghutay

Associate Professor, Department of Law, Faculty of Administratvie Sciences and Economics, University of Isfahan.

Abstract

Because suit’s dismissal writ issues in between parties’ arguments closure and appeal judgment’s issuance and before that the court has done its primary proceedings and quashed the primary verdict, this question arises that whether with appeal suit’s dismissal writ issuance the quashed primary verdict revives or remains persistent as quashed? To answer, it seems that after primary verdict’s quash, whether the appellant has been the primary suit’s plaintiff or defendant, relying on the proceedings singleness principle, that would be only plaintiff who can discontinue the suit and with suit’s dismissal writ issuance at the appeal stage the suit becomes res judicata completely. This happens in courts where the file has referred to them after quash as well. But if the appellant was the defendant, he/she could discontinue the appeal suit only before the primary judgment’s quash. What said, in addition to quash of verdict in appeal stage includes writ’s quash in that stage and judgment’s quash in supreme court appeal and objection to ex-parte verdict, however, due to some practical reasons it happens differently in retrial and third person’s objection suits. Although appeal court’s decision for its initial trial can as well be deemed judgment, the suit discontinuance before that decision does not lead to suit dismissal writ. Therefore, issuance of that writ cannot be expected in the supreme court. This happens not only about suit dismissal writ but also as to suit rejection one. In this way, different functions would be explored for discontinuance of a suit.

Keywords

• Suit Dismissal Writ
• Discontinuance
• Appeal
• Quash
• Suit Rejection Writ

Main Subjects

• Legal (Comparative Islamic and Western Law)