I PKN 194/97
AI generated
Supreme Court dismisses appeal because plaintiff failed to prove delay in requesting judgment copy was without fault.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal, ruling that the lower court's restoration of the deadline for requesting the judgment copy was unjustified. Although the plaintiff was absent from hearings due to illness, the court found this did not excuse the significant delay in filing the request for the judgment copy. The decision held that mere absence or lack of knowledge of the verdict does not constitute a fault-free delay under the Civil Procedure Code.
Legislator headnote
AI generatedArt. 169 § 1 KPC; Art. 3938 § 1 KPC: A party's absence from a hearing does not justify a late request for a judgment copy unless the delay was caused without their fault, and the party must prove such circumstances to the court.
Keywords
AI generated
cassation appeal dismissal
request for judgment copy
restoration of deadline
fault-free delay
Civil Procedure Code
Cited Legislation
AI generatedArt. 169 § 1 KPC
Art. 3938 § 1 KPC
Art. 3934 KPC
Cited Case Law
AI generatedI CKN 91/96
I CKN 45/97
III CZP 77/67