Complaint against the ruling of the district court
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To the Judicial Board for Civil Cases of the Kostanay Regional Court
from the plaintiff B.S.B IIN ........ place of residence: G. Zh...., mkr. ..., 13, sq. 49,
Kostanay region cell phone (WhatsApp) 8 708 ……
Claim
on the determination of the Auelikolsky district Court Kostanay region
By the ruling of the Auliekolsky District Court of Kostanay region dated October 12, 2021, my statement of claim for recognition of the transaction as valid was refused. I consider this definition to be illegal and unjustified, the court violated the norms of substantive and procedural law. In its ruling, the court indicated that I had not complied with the pre-trial dispute settlement procedure. However, this conclusion was made by the court unlawfully and unreasonably, since the court does not refer to the norms of substantive law, which would explicitly indicate that in this category of disputes, pre-trial settlement of the dispute is mandatory, there is no reference to a regulatory legal act. I believe that this definition violates my legitimate rights as an owner, I have every right to protect my legitimate rights and interests provided for by the legislation of the Republic of Kazakhstan. Moreover, the statement of claim was accompanied by a claim sent to the defendant's last known place of residence, a postal receipt confirming the claim, and a copy of a postal envelope with a note from employees of Kazpost JSC stating the absence of the respondent addressee.
Complaint against the ruling of the district court
The defendant's address was established by the Rudn City Court, as indicated by the ruling, and the claim was sent to the specified address. I am aware that the defendant does not live at a known address, as the house is uninhabitable. According to part 1 of art . 30 of the Civil Procedure Code of the Republic of Kazakhstan – "A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Republic of Kazakhstan may be filed at the location of his immovable property or at his last known place of residence." Based on this provision of the Civil Procedure Code of the Republic of Kazakhstan, I filed a lawsuit with the Auliekolsky District Court Kostanay region. Based on the above, I ask: - to cancel the ruling of the Auliekolsky District Court of Kostanay region dated October 12, 2021, and transfer the statement of claim for reconsideration to a court of first instance with a different composition of the court. Appendix: a copy of the ruling of October 12, 2021, a copy of the ruling of the Rudn City Court, a copy of the claim, a copy of the postal receipt, a copy of the envelope with a note about the absence of the addressee.
10/14/2021 B. S.B.
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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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