3/2549 Thailand Supreme
Court Opinion 141 (No. 2869) 2006
Arkarnsongkrao Bank vs. Siam Lago Group., Co. Ltd.
Re: Mortgage Agreement; Resubmission of Plaint
In a previous case the plaintiff sued Por and Wing Lieutenant Commander Por. to pay their debt and enforce a mortgage agreement at the Court of First Instance (Red Case Number 16255/2536) and the case was concluded. According to the judgment of Red Case 5957/2537 auctioned goods purchased by the defendant were seized and the Thailand property was sold by auction. The Plaintiff had mortgage rights on the property purchased by the defendant. The Plaintiff has a right to enforce the mortgage agreement with the defendant however the defendant only purchased the Thailand real estate and did not enter into the mortgage agreement with the plaintiff therefore the plaintiff's rights to enforce the mortgage agreement are not the same as those with the original owner. The plaintiff can not use the judgment ordered in the last case against the defendant in this case because the defendant was not a party in the last case. The last case and the current case are separate issues. This is not a case where the same two parties are disputing over an already settled incident. Therefore the Plaintiff's complaint is not a resubmission of the same plaint as in Red Case Number 16255/2536 of the Court of First Instance. The plaintiff is therefore not barred by Section 148 of Civil Procedure Code.
The plaintiff appealed to the Supreme Court only on the grounds of legal procedure. A Judge of the Supreme Court has determined that the plaintiff is not resubmitting the same plaint. The case must be returned to the Court of First Instance for consideration and judgment on the other issues in the case. The court fees for this cases of this type can not be calculated however the plaintiff must pay a court entrance fee of 200 baht according to Section 1(2 Kor) of the Schedule of the Civil Procedure Code.