Application form for reinstatement of the time limit for filing a complaint
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Semeysky City Court
East Kazakhstan region,
to the judge ...................
071400, Semey, Kabanbai Batyr str., 22
8 (7222) 60-10-01, 60-10-33
160206@sud.kz
from the Defendant: ..............
IIN: ………………
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The petition
on the restoration of the time limit for filing an appeal
In your case, the wound was considered in civil case No..... dated October 11, 20.. on the claim of gr. ........., to gr. ........., and gr. ........., on debt collection, in this civil case, by you on October 11, 20.. in the premises of the Semeysky City Court of the East Kazakhstan region, under your chairmanship with the participation of a representative of the plaintiff....., having considered this civil case in open court using audio-video recordings, the claims of gr. ........., to gr. ........., to satisfy the debt collection in full. Collect from gr. .........,, gr. ........., in solidarity in favor of gr. ……..., debt in the amount of 7,538,000 tenge.
Application form for reinstatement of the time limit for filing a complaint
Collect from gr. ........., court costs related to the refund of the state duty of 75,380 tenge and expenses for representative services in the amount of 35,000 tenge, postage in the amount of 1,161 tenge, a total of 111,541 tenge in equity in favor of gr. .........,, 55,771 tenge each. Until the cancellation of the court's decision adopted in a simplified manner in September 20.. between the defendant and the Lawyer of the Almaty City Bar Association, gr. gr. ........., An oral agreement was concluded on the provision of qualified legal assistance. Because he was recommended by respectable reputable people and inspired confidence, after which a power of attorney was written to him for the provision of legal services and the lawyer's services were fully paid for. After which the lawyer gr. .........,., He was supposed to help solve the problem in a civil case in Semey, according to the claim of Gr. ........., in relation to the defendants, as well as the peaceful settlement of this circumstance of the case. After a while, the lawyer gr. ……..., who was supposed to protect the rights of the defendants, disappeared, did not answer the phone, rudely ignoring all attempts by the defendant to find out about the circumstances of this civil case, sometimes sending SMS messages about the nearest solution to the case.
After which we sent a complaint to the Almaty lawyer's colleague about the inaction of the lawyer of the gr. ........., After the expiration of the time, we sent a petition to the court dated 04/26/20.. for familiarization with the materials of the civil case. As a result, on May 10, 2018, we reviewed the materials of the civil case. As a result of studying all the case materials, we came to the conclusion that the decision of the court of first instance is illegal, unjustified and subject to cancellation on the following grounds: The court violated the requirements of Article 152, paragraphs 1, of the CPC RK, where it is stipulated that the Judge returns the statement of claim if the plaintiff fails to comply with the law for this category of cases or the pre-trial dispute settlement procedure provided for by the parties' agreement and the possibility of applying this procedure has not been lost, as well as Article 279, paragraph 1, of the Civil Procedure Code of the Republic of Kazakhstan, where the Court may leave the statement of claim without consideration., if the plaintiff has not complied with the pre-trial dispute settlement procedure established by law for this category of cases or stipulated by the contract and the possibility of applying this procedure has not been lost, and the Plaintiff has not filed a pre-trial claim in this civil case, which is a violation by the plaintiff of the requirements of paragraphs 6, art.8, CPC RK.
The plaintiff's statement does not comply with the requirements of clauses 6, 2, and 148 of the CPC RK, which states that the Statement of Claim is submitted to the court of first instance in writing or in the form of an electronic document. The application must contain information on compliance with the pre–trial procedure for contacting the defendant, if this is established by law or provided for by a contract. However, this paragraph of the Code was not complied with, also in art. 149, CPC RK, it is established that the following documents are attached to the statement of claim: documents confirming the circumstances on which the plaintiff bases his claims; documents confirming compliance with the pre-trial dispute settlement procedure, if this procedure is established by law or provided for by a contract.
However, the judge, without clarifying all the above-mentioned mandatory provisions of the Law, grossly violated the requirements of paragraphs 1 and 3 of art. 152 of the CPC RK. In this case, according to art. 152 paragraphs 1 and 3 of the CPC RK, as well as art.279 paragraph 1 of the CPC RK, the court was obliged to return the statement of claim and leave it without consideration. The court violated the requirements of Article 71 of the CPC of the Republic of Kazakhstan, where the Legislator explained that evidence is provided by a judge when preparing a case for trial or when considering a case in a court of first instance no later than three working days from the date of receipt of the application and in Article 163 of paragraph 2 of subparagraphs 1 and 4 of the CPC of the Republic of Kazakhstan After the application is accepted into court proceedings and the initiation of In a civil case, the judge prepares the case for trial in order to ensure its timely and correct resolution. The tasks of preparing a civil case for trial, which are mandatory for each case, are: clarifying the circumstances relevant to the proper resolution of the case; determining the evidence that each party must provide in support of its claims or objections.; in addition to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 13, 20.. year No. 21,
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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