The defendant's lawsuit in the Civil Procedure Law

(An analytical rooting study)

Abstract

The title of the paper "Defendant's Case in the Civil Procedure Law" might seem strange at first glance , as it is known that the lawsuit in the Civil Procedure Law is filed by the plaintiff, if a dispute is made against his claim, before the defendant , or in a legal position requesting protection for him before the courts , this is confirmed by Article (2) of the Civil Procedure Law, where the lawsuit was defined as “a person's request for his right from another before the court  , and this text is intended to resort to the judiciary in the first place, that is, to approach the door of the judiciary to obtain a right that is denied or usurped, because the right of claim is guaranteed and arises from the emergence of the right, and before breaching it .

However, we found that Article (8) of the Civil Procedure Law defines the defense as “bringing a lawsuit from the defendant to pay the plaintiff’s lawsuit and necessitating its dismissal in whole or in part .

With this explicit text,  consider the aforementioned law, that the defense presented by the defendant, is considered a case on his part, provided that the judgments taken into consideration in the case are taken into consideration ,  it is required that it be related to the original lawsuit, which confirms that the intended suit is a lawsuit subsequent to the original lawsuit filed by the plaintiff and it inevitably follows it , if the link of the "defendant's lawsuit" to the original lawsuit does not appear except in terms of the outcome, then a counterclaimed suit shall be called a set-off suit , , which is stipulated in Article (66) of the Civil Procedure Law also by stating, "A new lawsuit may be brought up when the lawsuit is heard. If the plaintiff was joined by the plaintiff, and if it was by the defendant, it was a cross case ".

Hence, the research revolved around the extent to which the general conditions for accepting the lawsuit were met by the defendant’s lawsuit “the payment and the opposing lawsuit” when there is a link to the original lawsuit or the absence of this link with the “counter-suit”, so we are and this case is before a lawsuit subsequent to the original lawsuit, which is the defendant's suit .