BCC 121/2006, 152/2006

This case involved a request to dismiss an amendment of a previous ruling. The claimant had been wrong to file a new case rather than appeal the previous case on the grounds of not all judges signing the judgment.

Background

A claimant filed a case against a defendant before the court requesting the dismissal of the amendment of the correction of a previous ruling.

The defendant filed a case against a defendant before the court requesting the dismissal of the correction decision.

The court dismissed the two cases.

The claimant and the defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling and said that the case was previously settled.

Decision

The claimant and the defendant appealed the ruling before the court of cassation.

Appeal No. 121/2006:

The claimant said in their grounds of appeal that the ruling had violated the law and that the court dismissed the case because it was previously settled although the reasons for dismissal did not exist.

The court said that this argument was invalid because if a ruling gains the legal authority that cannot be affected by a new case.

The court dismissed the appeal.

Appeal No. 152/2006: