NEWSLETTER-2019-metin

233 CIVIL PROCEDURE LAWAND EXECUTION AND BANKRUPTCY LAW severance and notice pay claims have been brought forward after the submission of the expert report, the amendment of pleading made for such could not mean amendment of pleading of the case as a whole, the application fee should be paid alongside the amendment of plead- ing fee and, therefore, the amendment of pleading petition cannot be accepted as an “additional lawsuit petition” 1 . The court of first instance that reconsidered the file after the decision was overturned opposed the Court of Cassation’s decision claiming that partial amendment of pleading is possible under Article 181 of the CCP, the Plaintiff could request the claims inadvertently not put forth in the lawsuit petition, or claims subsequently required to be requested with the amendment of pleading petition, forcing the Plain- tiff to file a new case, is against the procedural economy principle, and there is no need to pay an application fee in the case of adding a new claim through the amendment of pleading. The 4th Civil Chamber of Court of Cassation and the 9th Civil Chamber of Court of Cassation has opined in this direction, and it is also accepted in the doctrine that the plaintiff filed the lawsuit to reserve its right to amendment of pleading and other rights, payed the necessary fees, and included the severance and notice pay claim in the amendment of pleading petition. Contrary to the opinions of the first instance court and the 4th and 9th Civil Chamber of the Court of Cassation, the 7th Civil Chamber of the Court of Cassation ruled that in order to add a new claim dur- ing the trial process, amendment of pleading of the case as a whole, submission of a new lawsuit petition and payment of admission fee alongside with the advance fee is required, and the amendment of pleading would be valid if it is done in a certain procedural manner pursuant to the claims. Yet, the 4th Civil Chamber of Court of Cassation ruled that even if it was not requested in the bill of claims, non-pecuniary damages could be claimed through an amendment of pleading 2 , while the 9th Civil Chamber of Court of Cassation ruled in a lawsuit filed for la- 1 7th CC of Court of Cassation, E. 2013/20357, K. 2013/15411, 24.09.2013. 2 4th CC of Court of Cassation, E. 2012/5120, K. 2013/4672, 14.03.2013.