Reflection on the Philosophy of the Necessity of the Legitimacy of an Additional Lawsuit with an Islamic Lifestyle Approach

Submitting an additional lawsuit can also be filed by one of the parties to the main lawsuit, in compliance with the legal deadline and its width, in spite of conditions such as the relationship between the main and additional lawsuits. In relation to additional litigation in cases brought before a branch, the judge shall attach both cases and examine them in one place by issuing a joint hearing after establishing the connection or unity of origin. In cases where the main and additional litigation is filed in two different branches of a court, it will be considered in the branch designated by the head of the first branch. On a specific topic. According to the Code of Judicial Procedure, the plaintiff can make changes in his initial request; This authority is known in our law as additional litigation. It should be noted that additional litigation, although included in the category of litigation, has been neglected and less considered among jurists. While in the law of other countries such as France and Lebanon, these lawsuits have been given considerable importance, the principles of this lawsuit should be considered as the principle of preventing the issuance of dissenting verdicts and preventing delays in the trial, on the other hand, it seems that additional lawsuits in There is a contradiction with the principle of immutability of the fight. Because according to this principle, when a lawsuit is filed and stabilized, the litigants can no longer make changes in this regard, while the legislator in Article 98 of the new law, has explicitly taken a position contrary to this principle, justice and The Islamic way of life is appropriate for an additional lawsuit to be legitimate because it is also compatible with our jurisprudential and legal principles. In order to achieve judicial justice, the realization of rights, the prevention of delays in litigation, non-payment of additional costs, the prevention of conflicting verdicts and the reduction of incoming cases to the judiciary, additional litigation must be considered by the legislator and its legitimacy must be determined. There is a lot of disagreement among jurists regarding the terms and conditions of this lawsuit, it seems that what should be stated as a collection of views, the additional lawsuit basically needs to be filed, therefore if the lawsuit was filed, the cost The trial must also be paid, but in the meantime, cases such as changing the manner of the lawsuit should be considered separately and not everyone should be treated in the same way.