The Effect Of Multiple Litigants On The Rules Of Annulment Of Litigation

Abstract

There may be multiple litigants in the civil lawsuit, whether their number is original (at the start of the lawsuit) or emergency (after proceeding with it) there is no doubt that this multiplicity has an impact on the rules of procedural annulment of the lawsuit in the voluntary and penal quality, the Iraqi legislator did not address the impact of multiple litigants on these rules, despite the complex procedural problems they raise, but rather left them to the general rules relating to the case of the individuality of the defendant and the defendant, an application for annulment of the petition may be filed by one of the multiple plaintiffs against one of the defendants, the final decision in approving this request depends on the subject of litigation and the extent of its divisibility or not, if its subject matter is divisible, the annulment application may be filed by one of the plaintiffs only and against some of the defendants and not by the others, while such an application is not accepted when the subject matter of the litigation is indivisible, whereas, such an application must be made by all plaintiffs and against all defendants in response to the unity of resolution required by the indivisible matter, as for the criminal annulment of the lawsuit when there are multiple litigants, it also did not receive the attention of the Iraqi legislator, while the Egyptian and French legislators dealt with this issue in the case of multiple plaintiffs only.