AbstractAccording to some articles of civil procedure code (as articles 135, 136 and143) some ancillary actions (such as counter-claim and impleader) should bemade within certain time-limits. In case of not considering the time limits andbringing these actions outside the time-limits, there are three ...
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AbstractAccording to some articles of civil procedure code (as articles 135, 136 and143) some ancillary actions (such as counter-claim and impleader) should bemade within certain time-limits. In case of not considering the time limits andbringing these actions outside the time-limits, there are three theories; A)dismissal of action, B) separating the action and trying the claim separately C)differentiating between the cases related to the main claim and the non-relatedones, trying the firstones together and trying the latterseparately. There areviewpoints, reasoning and criticisms about acceptance and rejection of eachtheory. However, reasons of the third theory are stronger and its criticisms areweaker. So this theory is more acceptable.
