Cases of requesting reconsideration

Cases of requesting reconsideration

Article 200 of the Sharia Procedures Law specifies cases of requesting reconsideration of rulings that have acquired final status, and in which other methods of objection, such as appeal or request for cassation, have expired. What is the text of the article, and what are the cases? This is what we discuss in our current article.

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Article 200 of the Sharia Procedures System

Article 200 of the Sharia Procedures System

It stipulates that: “1- Any of the opponents has the right to request a review of the final rulings in the following cases: A – If the ruling was based on papers that appeared to be forged after the ruling, or was based on a certificate that was ruled – by the competent authority after the ruling – to be false testimony. B- If, after the ruling, the petitioner obtains conclusive papers in the case that he was unable to present before the ruling. C – If the opponent commits fraud that would affect the ruling. D – If the ruling stipulates something that the opponents did not request or stipulates more than what they requested. E – If the wording of the ruling contradicts each other. and – if the judgment is in absentia. G – If the judgment is issued against someone who was not properly represented in the case. 2- Anyone against whom the ruling is an argument and who has not entered or interfered in the case has the right to request a review of the final rulings“.

As is clear from the legal text of this article, it lists the cases in which the convict may request a review of the final rulings. Requesting a review is a method of objection to rulings, which the person wishing to object resorts to if the ruling becomes final, so he objects by petition if he has an verified case of petition.

What provisions accept a request for reconsideration according to the Sharia pleading system?

The request for reconsideration is only accepted on the final rulings, which are as follows:

Judgments in which the convict waived his right to object.
Provisions in which the deadline for objection is missed.
Judgments that are upheld by the Court of Appeal and become final.
Supportive rulings from the Supreme Court.

Cases of request for reconsideration

Cases of request for reconsideration

The cases of requesting reconsideration have been identified in (8) cases in Article (200) of the Sharia Procedures System, and they are decided exclusively, so analogy or similarity is not permissible in them. Either the case is verified and the request is accepted, otherwise it is not, and we will discuss the explanation of these eight cases as follows:

The first case:

the appearance of forgery of the papers or certificate on which the ruling was based
If it becomes clear that the judgment was based on papers or testimony that were discovered after the judgment to be forged, the convict has the right to request a request for reconsideration. Here, it is required that the forged paper or false testimony be the basis of the judgment, such that if it is dropped, the judgment will be overturned. However, if the paper or testimony is not the basis of the judgment, then even if it is proven to be forged, it will not have the slightest impact on the validity of the judgment itself. Therefore, The petition will not be accepted.

When is paper forgery achieved?

Forgery of papers is achieved in any of the following:

Either the convict acknowledges to him after the ruling that the papers are forged.
Or if it is ruled in another court ruling that has acquired finality that the papers are forged.

The second case:

obtaining conclusive papers in the case
If the convict obtains papers with conclusive evidence that changes the ruling, and he was unable to present them before the ruling, then he has the right to submit a request for reconsideration. The following conditions are required for the request to be accepted here:

1- There must be an actual and real presence of papers or documents. For example, it is not enough here to simply say that a government agency has a paper and ask the court to address it. Rather, you must bring the paper and then write the petition request and attach the paper to it.

2- The petitioner must not have previously submitted these papers during the initial consideration of the case.

3- That the excuse for submitting the papers before the ruling be fulfilled, whether because he is ignorant of their existence with him, or because they were with another party who refused to give them to him. Therefore, if the petitioner is aware of the paper and is able to bring it before the ruling is issued, his petition will not be accepted.

4- These papers must have a conclusive argument that changes the wording of the ruling, such as proving that the petitioner has paid part of the price. Therefore, the paper must change the wording of the ruling after reducing the part that has been proven to have been paid.

Third case:

Fraud by the opponent affects the referee
Fraud means fraud and deception for the purpose of achieving a benefit in an illegal manner, in contravention of the requirements of good faith, and therefore; If the opponent in whose favor the judgment was ruled commits fraud and has an impact on the judgment; Then the convict has the right to submit a request for reconsideration, and the following conditions are required for the petition to be accepted here:

1- The fraud must have occurred during the consideration of the case before the court and before the ruling was issued.

2- The petitioner must not have known that fraud had occurred during the course of the lawsuit, as his silence is evidence of his consent and the forfeiture of his right to insist on fraud.

3- Fraud must be committed directly by the convict in his favor. However, if it occurs by someone else, the petition will not be accepted unless it is proven that he colluded with that other person.

4- Providing evidence of fraud; It is not sufficient to simply say that fraud has occurred, but the petitioner must provide evidence of this fraud, otherwise his petition will be rejected, and the basis for this is Article (51), paragraph (2/a) of the Executive Regulations for Methods of Objection to Judgments.

Fourth case:

If what the opponents did not request is decided
It is a given in litigation that the court does not rule on the case unless the plaintiff has written his case and appended it with a clear and explicit request that does not conflict with any other requests. When deciding the case, the judge is bound by the requests of the plaintiff or defendant, as the case may be, and he is prohibited from ruling on more than what was requested, with the exception of the general right in criminal cases.

Accordingly, if the judgment includes a ruling on something that the opponents did not request, or a ruling on more than what they requested, then the person against whom the ruling was issued has the right to submit a petition to reconsider the case based on that case.

The essential condition in this regard is that this excessive judgment must have occurred through oversight or forgetfulness and not intentionally or consciously. This is known when considering the reason for the ruling. If it includes an explanation for the increase in the ruling, then this fourth case will not be achieved and the petition will not be accepted, and vice versa.

The fifth case:

The wording of the ruling contradicts each other
The most important thing that litigants aspire to is for the ruling to be issued in favor of one of them, and for this ruling to have benefit and value, it must be clear and enforceable without contradiction or confusion.

Therefore, if there is a contradiction in the operative part of the judgment, then the parties have the right to submit a request for reconsideration. It should be noted here that the intended contradiction is only the operative part of the judgment, and does not include causation. For example, if the judgment includes a ruling invalidating the contract in question, and then stipulates that the partnership resulting from the contract is proven, then this is a contradiction that defects the judgment, and the request for reconsideration is justified.

Sixth case:

judgment in absentia
There is nothing preventing a judge from ruling against a defendant who is absent from the Judicial Council. An absent person is one whose whereabouts are unknown and who cannot be notified. Therefore, if the ruling is issued, acquires final status, and the convict appears from his absence, then he has the right to submit a request to reconsider the ruling.

Seventh case:

Failure to represent the case correctly
One of the essential initial conditions for accepting a lawsuit is that it must be filed by a person of authority against a person of authority. This is achieved whether the plaintiff appears in person, or through his representative with a valid agency that includes the necessary powers to file the lawsuit. Accordingly, if a judgment is issued against someone who was not properly represented in the lawsuit, it is permissible for him to submit a request for reconsideration. The forms of this are as follows:

The agent initiates a procedure for which he was not authorized.
Decrease in the opponent’s eligibility due to the absence of a guardian or trustee.
If the opponent is quarantined.

Note: If the character in the opponent has been realized since the beginning of the case and continues to be valid until the door to pleading is closed, the case of requesting reconsideration will not be achieved if the character disappears after that, and the basis for this is Article (54) of the Executive Regulations for Methods of Objecting to Judgments.

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Case Eight:

Petition for someone against whom the ruling is an argument
In many cases, a person may not be a party to a case, and may not have been involved or interfered with in it. However, when a judgment is issued, it has an impact on him and an argument against him, such as when a judgment is issued proving ownership of the property to one of the parties in the case, while ownership is already established for that person. In that case, that person has the right to submit a request to reconsider the judgment, to prove the invalidity of the judgment.

Data required to be available in the petition request

Data required to be available in the petition request

We also explained earlier that a request for reconsideration will not be accepted unless one of the cases we detailed above is met, but the executive regulations for methods of objecting to rulings in Article No. (51/1) came to place a new formal restriction for accepting petition requests, which is the necessity of including the following in the petition memorandum:

The facts in question.
The impact of these facts on the judgment sought against him.
The omission of this data results in the court not accepting the entire petition request, in accordance with what was decided in paragraph (3) of Article (51) of the aforementioned regulations, which states: “If the objection does not meet what is stated in paragraphs (1) and (2) of this article, the court shall rule on its own initiative not to accept it“.

Finally, at the conclusion of our article on Article 200 of the Sharia Litigation System, we emphasize that requesting a request for reconsideration is a delicate legal task that is not easy for a non-specialist to carry out himself, and we are pleased to put in your hands our many years of experience in law so that we can undertake on your behalf the task of writing the request Petition and pleading the case.

Frequently Asked Questions

Is it permissible to object to rulings issued in minor cases?

The rulings issued in minor cases are considered final and cannot be objected to except by requesting a request for reconsideration, in accordance with what is stipulated in Article (49) of the Executive Regulations for Methods of Objection to Judgments: “It is permissible to object by requesting reconsideration to the rulings issued in minor cases, and it is not permissible to object by requesting an appeal to the decision issued not to accept the petition in those cases, nor to the ruling issued on the subject of the case after accepting the petition“.