Supreme Court dismisses second retrial request after prior rejection, citing absolute bar on repeated retrials under Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against a lower court's order rejecting a second request for retrial. The appellant argued that the lack of proper representation by the defendant's legal representative rendered the proceedings invalid, despite a prior rejection of a similar claim. The court ruled that Article 416 of the Civil Procedure Code strictly prohibits a second retrial request when one has already been denied, regardless of the new grounds raised. Consequently, the absolute nature of this procedural bar prevented the retrial from being granted.
Legislator headnote
AI generatedArt. 416 § 1, 2 k.p.c.; Art. 4011 k.p.c.; A second request for retrial of a final judgment is inadmissible if a prior request based on the same judgment was rejected, as the prohibition is absolute and cannot be overcome by new grounds.