Article 195. Return of application
Civil procedure code of the Republic of Uzbekistan · Date: 22.01.2018 · In force
The judge shall return the application and the documents attached to it, if:
1) the claim is filed by a legally incapable person;
2) the claim on behalf of the interested person is filed by a person who has no authority to handle the case;
3) this court has no competence over the case;
4) application is submitted without observing the requirements established by Article 189 of this Code;
41) the plaintiff (applicant) failed to comply with the judge's instruction provided for in part two of Article 192 of this Code within the prescribed period;
5) several claims to one or more defendants are combined in a single application, when the claims are not related to each other;
6) before the ruling on committal of the claim for trial and institution of the case was made, a claim on returning the claim was received from the claimant;
7) in the absence of a document confirming the payment of state duty and postage in the prescribed manner and amount, and in cases where the law provides for the possibility of delay in payment of state duty, if there is no request or the request is rejected;
8) an application for recognition of property (item) as ownerless has been filed prior to the term established by law or in violation of the procedure provided by law for detection and considering of property (item) as ownerless;
9) the plaintiff has not submitted documents confirming compliance with the procedure for resolving the dispute with the defendant through mediation, if this is provided by law or contract for this category of disputes.
The ruling on returning the claim may be appealed (protested). In case of cancellation of the ruling, the claim shall be considered filed on the day of initial application to court.
Return of the claim shall not prevent the repeated application to the court under a standard procedure after elimination of the admitted violations.
