Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The Impact of Failure to Seeking explanations on the Validity of judgment (Review and Critique of Judgment No. 9509970909100437 Dated November 12, 2016,Issued by Branch 3 of the Supreme Court)

Document Type : Original Article

Author

behnam shekoohi

PhD in Private Law Member of Center for Research on Justice & Civil Procedure Faculty of Law and Political Science, University of Tehran

Abstract
As the supreme judicial authority responsible for overseeing the proper application of laws within the courts, the Supreme Court of Iran does not merely focus on the final outcome of litigation; rather, its commitment to ensuring the integrity of judicial rulings compels it to pay meticulous attention to the judicial process itself. Consequently, any disregard for Article 199 of the Civil Procedure Code, or failure to address the arguments and defenses presented by the parties, constitutes a valid ground for the Supreme Court to reversal a judgment. In the present case, following the appellant’s challenge regarding the transfer of the subject matter of the lawsuit to the first plaintiff during the proceedings, the Third Branch of the Supreme Court reviewed the matter, deemed the lower court’s investigations to be deficient, and subsequently vacated the judgment, remanding the case to the court of first instance. From the perspective of ensuring thorough investigation and upholding the right to litigation, the scrutinized judgment is highly commendable.”

Keywords

Defect in Investigation
Appeal in cassation
Seeking explanations from the parties
Subjects
Comparative Civil Procedure
Volume 2, Special Number
Commemorative Volume Honoring His Excellency The Judge Hassan Ghaffarpour Maraghi President of 3rd Branch of the Supreme Court, Iran
2026

  • Receive Date 27 September 2026
  • Publish Date 23 October 2026

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