I PKN 175/00
AI generated
Supreme Court dismisses appeal due to invalid appellate procedure allowing claim change after trial closure.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's judgment and remanded the case for retrial. The lower court improperly allowed the plaintiff to substitute a claim for severance pay with a claim for readiness pay after the trial concluded. The court ruled this procedural violation rendered the proceedings void under Article 379(5) of the Civil Procedure Code. Consequently, the appellate court failed to assess the merits of the original case.
Legislator headnote
AI generatedArt. 383 KPC; Art. 379 pkt 5 KPC: Allowing a change of the plaintiff's claim after the trial has closed, without giving the defendant an opportunity to defend its rights, renders the proceedings void.
Keywords
AI generated
change of claim
appellate procedure
void proceedings
trial closure
civil procedure code
severance pay
readiness pay
Cited Legislation
AI generatedArt. 383 KPC
Art. 379 pkt 5 KPC
Art. 393 § 1 KPC