Leave the case for review in the Iraqi Civil Procedure Law

Abstract

The civil suit is a right of its parties and not a duty on them, so the court of issue cannot oblige the parties to the proceedings to attend, and therefore, in the absence of both parties, the Court cannot consider the case of their absence, whether the absence of the first hearing or the two opponents have attended previous sessions , regardless of the reasons for this absence, whether they are the source of their agreement, neglect or apprenticeship, although they have been properly notified.
   This case dealt with article 54 of the Iraqi Civil Procedure Code, which stipulates that:  " The case is left for review if the parties agree to do so, or if they do not attend although they have been notified or despite the communication of the plaintiff, if it remains 10 days and the plaintiff or respondent does not request to proceed, the action shall be deemed to be revoked by law. "
   That is, the nullity is a reality even if the judge misses or forgets the decision to revoke it and if the case is renewed after it is left for review and revoked, then look at the point at which it was revoked, i.e. resume its consideration of the stage reached before leaving for review.
   If the parties do not attend the proceedings after the renewal of the proceedings, although they are notified, the case is not left to review in this case.