Background

A claimant filed a case against a defendant and requested the court to appoint an expert in order to calculate his dues in the syndicate fund of syndicate of an oil company and order the defendant to pay him accordingly.

The court rejected the case because the claimant had not followed the legal procedures for filing the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and referred the case to the elementary court for consideration.

Decision

The claimant appealed the ruling before the court of cassation.

The Public Prosecution argued the claimant had no right to appeal the ruling because the appealed ruling did not settle the dispute.

The court stated this argument was valid because Article 128 of the Pleadings Law stipulated that a ruling which is issued during the consideration of a case and does not settle the dispute cannot be appealed.