Application form for replacement of an improper defendant
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.
To the Specialized Inter-district Economic Court
Almaty city to the judge _______________
050008, Almaty, ul. Baizakova, 273 B
8 (727) 333-10-70
020203@sud.kz
from the Defendant: ______________
IIN: ______________
about.: ______________
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 5758
The plaintiff______________
IIN ______________
address: ______________
Lives in: ______________
The petition
about replacing an improper defendant
Is there a civil case in your case? №_____________, according to the claim _____________ ( next, the Plaintiff) to the defendant _____________ ( next, the Defendant) on the recovery of the amount owed in connection with the non-fulfillment of obligations under the transaction. When studying the materials of this civil case, we found that the Plaintiff intends to recover from the Defendant _____________ IIN: _____________, the amount owed under Contract No. 129 for the development of the website. However, the Contract for the development of the website No. 129 dated August 20, 201_ was concluded between _____________ I. Relation to this Agreement gr. _____________ doesn't matter.
According to Article 148 of the CPC RK, and the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated March 20, 2003 No. 2. On the application by the courts of certain norms of civil procedure legislation, the above-mentioned statement of claim is submitted to the court of first instance in writing or in the form of an electronic document and the application must specify: the name of the court to which the statement of claim is filed, the data and addresses of the parties to the trial, as well as the circumstances on which the plaintiff bases his claims, as well as the content of the evidence confirming these circumstances and other circumstances according to the above article. Article 6. The "interpretation of the norms of civil legislation" is provided for: The norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression. If there are possible different understandings of the words used in the text of legislative norms, preference is given to the understanding that corresponds to the provisions of the Constitution of the Republic of Kazakhstan and the basic principles of civil legislation set out in this chapter, primarily in its Article 2., 2. When clarifying the exact meaning of a norm of civil legislation, it is necessary to take into account the historical conditions under which it was put into effect and its interpretation in judicial practice, if this does not violate the requirements set out in paragraph 1 of this article.
Article 47. CPC RK "The parties", the Parties in the civil process are the plaintiff and the defendant. Plaintiffs are citizens and legal entities who have filed a claim in defense of their violated or disputed rights and freedoms, legitimate interests, or in whose defense a claim has been filed by other persons in accordance with the procedure provided for by this Code. The defendants are citizens and legal entities against whom a claim has been filed. In cases stipulated by law, organizations that are not legal entities may also be parties. However, the above requirements of the Civil Procedure Code of the Republic of Kazakhstan have not been met, as the Statement of Claim indicates an Improper Defendant, Article 50 of the Civil Procedure Code of the Republic of Kazakhstan. "Replacement of an improper defendant" provides that replacement of the defendant is allowed before the start of consideration of the case on its merits in the court of first instance.
The court, having established that the claim was brought against the wrong person who should be responsible for the claim, may, at the request of the plaintiff, without terminating the case, allow the replacement of the improper defendant with the proper one. After the replacement of an improper defendant, the preparation of the case and its consideration at the court session are carried out from the very beginning. The term of consideration of the case is calculated from the date of completion of the preparation of the case for trial. If the plaintiff does not agree to replace the improper defendant with a proper defendant, the court considers and resolves the case according to the claim. We also wanted to inform the Court that in the Specialized Interdistrict Economic Court of Almaty, the judge _____________, There is a civil case № _____________ according to the Statement of Claim ____________ to _____________ on the recognition of the fact of fulfillment of obligations under the Contract No. 129 for the development of the website - fulfilled.
Article 167 of the CPC RK. The judge provides for the "connection and separation of several claims", having established that in the proceedings of this court there are several homogeneous cases involving the same parties, or several cases involving claims by one plaintiff against different defendants or different plaintiffs against the same defendant, has the right to combine these cases at his discretion or at the request of the parties, into one proceeding for joint consideration, if it recognizes that such an association would be appropriate. The term of consideration of the case after the cases are combined into one proceeding is calculated from the date of completion of the preparation of the case for trial at the request stated earlier. A ruling on the connection or separation of several claims is not subject to appeal or review at the request of the prosecutor. Arguments about disagreement with the definition may be indicated in the appeal, the prosecutor's petition. Based on the above and guided by the Civil Code of the Republic of Kazakhstan, the CPC of the Republic of Kazakhstan,
I ask the Court:
In the Statement of Claim from _____________ to the defendant _____________ replace an improper defendant _____________ to the proper defendant _____________
Combine a civil case №_____________, according to the claim _____________ regarding _____________ to the civil case no. _____________ according to the Statement of Claim _____________ regarding _____________ on the recognition of the fact of fulfillment of obligations under the Contract No. 129 for the development of the website - fulfilled.
With respect,
Representative by proxy:
________________/ Sarzhanov G.T.
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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