Refer the case for lack of jurisdiction in the Code of Civil Procedure ( comparative Study ) | ||
AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
Article 1, Volume 8, Issue 2, June 2016, Pages 408-447 | ||
Authors | ||
A.P.Dr.Wasan Qasim Ghani; Adnan Ageel Ashour | ||
Abstract | ||
Abstract The decision to refer the case from one court to another is a procedure accompanied by accepting a plea of not having the required specialization at the court. If the court ruled that it does not have the specialization, whether at the request of the defendant if it is concerning the place of hearing the case or the court insisting on not having the specialization, or at the request of the other parties if it is concerning the general order, then the case should be referred to the specialized court with no appeal allowed for its verdict . The decision of refusing referral can be contested before the cassation court. The later court has the authority to name the specialized court whose verdict should be obeyed by the two courts disputing on the matter of specialization . | ||
Keywords | ||
Refer case; lack of jurisdiction; Civil Procedure | ||
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