II UKN 238/97
AI generated
Appeal misdirected to wrong court after proper notice does not justify missing statutory deadline under Polish Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a worker against a decision denying his request to restore the appeal deadline. The lower courts found that although the applicant's mother mailed the appeal to the wrong court, the applicant had been properly informed of the correct procedure and failed to exercise due diligence. The Supreme Court held that this error constituted negligence rather than a procedural violation warranting relief, thus upholding the dismissal of the appeal.
Legislator headnote
AI generatedArt. 369 § 1 KPC; Art. 392 § 1 KPC; Art. 393 § 12 KPC: Misdirection of an appeal to the wrong court after proper notice of procedure constitutes negligence and does not justify restoration of the deadline.
Keywords
AI generated
civil procedure code
appeal deadline
misdirected appeal
due diligence
cassation appeal
procedural negligence
restoration of term
Cited Legislation
AI generatedArt. 369 § 1 KPC
Art. 382 KPC
Art. 168 § 1 KPC
Art. 168 § 2 KPC
Art. 468 KPC
Art. 392 § 1 KPC
Art. 393 § 12 KPC