“The plaintiff must inform the plaintiff with which evidence he will prove the cases he claims with the petition. The plaintiff must attach the available documents to his petition, and for the documents that are not available, he must provide information about where they will be brought from. (H.M.m. 140/5.) If the subsequent presentation of evidence is not intended to delay the trial or the inability to submit it during its term is not due to the fault of the interested party, the court may allow that evidence to be shown later. (YHGK, 20.04.2016, E. 2014/13-856, K. decision No. 2016/523) There is no possibility to grant a new period of time for the plaintiff who has not reported any evidence at the stage of exchanging petitions to report his evidence at the preliminary examination hearing.”
The following is the Supreme Court decision.
2.Department of Law 2015/19509 E. , 2016/12319 K.
“text of jurisprudence”
COURT :Family Court
TYPE OF CASE : Divorce
At the end of the reasoning of the case between the parties, the verdict given by the local court, the date and number shown above, was appealed by the defendant woman, the documents were read and discussed and considered as Dec:
The plaintiff must inform the plaintiff with which evidence he will prove the cases he claims with the petition. The plaintiff must attach the available documents to his petition, and for the documents that are not available, he must provide information about where they will be brought from. (H.M.m. 140/5.) If the subsequent presentation of evidence is not intended to delay the trial or if the inability to submit it during its term is not due to the fault of the interested party, the court may allow that evidence to be shown later. (YHGK, 20.04.2016, E. 2014/13-856, K. decision No. 2016/523) There is no possibility to give a new period of time to the plaintiff who has not reported any evidence at the exchange stage of the petitions to report his evidence at the preliminary examination hearing to the plaintiff. The plaintiff male did not rely on witness evidence in the lawsuit petition. at the preliminary examination hearing dated 11.11.2014, the plaintiff man, who reported that he had witnesses, was given a 2-week deadline by the court to give his evidence, and the hearing of his witnesses was not correct and required distortion.
CONCLUSION: It was decided unanimously that the appealed decision should be OVERTURNED for the reason shown above, that there is no place for examining other appeals for the time being according to the reason of the violation, that the advance fee of the appeal should be returned to the depositor on request, within 15 days from the notification of this decision, the way to correct the decision will be open.27.06.2016
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