15TH CIVIL CHAMBER OF THE COURT OF CASSATION
T. 23.01.2006 E. 2005/7729 K. 2006/173
ANNULMENT OF OBJECTION
FINALIZATION AS A DEBT CASE WITH AMENDMENT
SUMMARY : While the case is related to the “cancellation of the objection” to the execution proceeding based on Article 67 of the EBL, since the “amendment” petition submitted by the plaintiff’s attorney requested the execution of the case as a debt case, it was not correct for the court to decide to dismiss the case instead of examining and finalizing the case as a debt case, and it was deemed appropriate to revoke the decision.
DECISION : The lawsuit is related to the cancellation of the defendant’s objection to the enforcement proceeding filed based on Article 67 of the EBL. The court decided to dismiss the case on the grounds that the case cannot be examined as a cancellation of the objection, since the lawsuit was not filed within the period specified in Article 67 of the EBL. In fact, it is accepted that if the lawsuit is not filed within (1) year from the date of notification of the objection to the enforcement office to the creditor, the case cannot be examined as a cancellation of the objection and will not automatically turn into a debt case, but in the case of the case, since the plaintiff’s attorney requested the case to be carried out as a debt case with the amendment petition submitted by the plaintiff’s attorney, in this case, it was not correct for the court to decide to dismiss the case instead of examining and concluding the case as a debt case, and it was deemed appropriate to revoke the decision.
CONCLUSION: For the reasons explained above, it was unanimously decided on 23.01.2006 that the decision be reversed in favor of the appellant.
