Appeal No. 2025 / 295 – Civil Appeal – Summary of Rule.

The Court of Cassation concluded that the appellant had been served with the execution file by way of publication without any investigation being carried out about him, as required by law.

Based on this, the Court ruled that the appellant’s notification with the enforceable instrument was invalid and produced no legal effect, thereby keeping open the timeframe for the appellant to file the appeal.

The Court of Appeal is obliged to follow this ruling on the legal issue that has been decided, and the referral court is prohibited from infringing upon its authority in this regard.

A judgment that contradicts this position is defective and requires annulment.