Abeer F. The supervisory role of the court of appeal in the decision concluding the pleading

Abstract

            Investigating the subject of the supervisory role of the court of appeal in the decision to close the pleading requires an explanation of the concept of the conclusion of the pleading, which was stated in the amended Civil Procedure Law No. (83) of 1969, and was defined by the procedural jurisprudence as “a preparatory judicial decision taken by the court when the case is ready to issue a ruling”. This decision has a set of characteristics that distinguishes it from others because it is a decision based on a suspended condition, which is a legal duty and right at the same time. It is also considered a procedural impediment to some of the procedures contained in the Civil Procedure Code, in addition to other characteristics that make this decision distinguished from other decisions that focus on one topic, which is (the pleading). In order to make this decision legal, conditions must be met; the case must be prepared for judgment, the case must not have expired before the judgment is issued, and the procedures for issuing judgment must not be initiated. One of the advantageous characteristics of the decision to conclude the pleading is that it is one of the decisions that are taken during the course of the pleading and does not end the case. The Iraqi legislator has stipulated that it is not permissible to appeal this type of decisions except after the issuance of the decisive judgement on the case, and this is what is confirmed in Article (170) of the Civil Procedure Code. In order to determine the validity of the decision to conclude the pleading or not, it must be before a competent court, and this court should be within its specific jurisdiction to consider appeals against judgments and judicial decisions issued by various courts. We have noticed that legislation, including the Iraqi one, did not specify a date for directly appealing the decision to close the case, but rather linked this date to the decision of issuing the decisive judgement for the case, and that the legislator organized the appellate appeal as one of the regular methods of appeal. In addition to the cassation appeal, which is one of the unusual ways of appeal, these two types of appeal are only considered by the Court of Appeal and the Federal Court of Cassation,