Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1218

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1118

Having received the appeal, the warder shall issue a receipt to the appellant and shall send the appeal to the court of first instance with dispatch.

Any appeal which was submitted a warder and reached the court after the passage of the limitation period governing it shall be deemed to have been submitted within the limitation period governing it if it appears that the delay is not the fault of the appellant.

Section200.The court shall serve a copy of the appeal upon the other party for him to reply within a period of seven days from the day of his receipt thereof.

Section201.When the court is unsuccessful in serving a copy of the appeal upon the other party or has received his reply to the appeal, or the period for him to submit a reply to the appeal has already passed, the court shall send the file to the appellate court with dispatch.

Section202.An appellant has the power to move to the court of first instance for withdrawing his appeal before it sends the file to the appellate court. In this event, the court of first instance may order granting the motion. When the file has already been sent, the motion shall be submitted to the appellate court or to the court of first instance so as to be sent to the court for appeal for its order, but this must be done before the judgment of the appellate court is read.

Once the withdrawal has been granted, the judgment or order of the court of first instance shall, if it is not also appealed by the other party, become conclusive only in respect of the