Determination of Undecided Relief Sought in a Judgment

One of the duties of the court is to make a decision in accordance with the laws regarding each case in question, even if several reliefs are sought in a lawsuit (Articles 3 and 4 of the Civil Procedure Code).In the latter case, the court may not make a decision on a part of the claims raised in the judgment. In other words, the court has not made a decision on that part. The Civil Procedure Act does not have a ruling in this regard. The judgment that is being criticized has unconditionally chosen the solution of returning the case to the trial court. In this article, three assumptions have been considered that differentiate the ruling of the issue in the case where the relief sought is only mentioned in the statement of case from the assumptions that the reliefs are mentioned in the preamble and ratio decidendi section of the judgment.