NEWSLETTER-2019-metin

235 CIVIL PROCEDURE LAWAND EXECUTION AND BANKRUPTCY LAW changed. In the partial amendment of pleading, however, the case can be to correct a procedural action, such as broadening the conclusion of the claim. Within the context of the abovementioned discussion, the ACC stated that the addition of a non-mentioned claim with an amendment of pleading petition does not meet the procedural criteria of a new lawsuit under Article 119 ff. of the CCP. Although it is discussed that the inclusion of a second claim arising from the same cause should not be possible without charging an additional application fee following the precedent of the Constitutional Court regarding the “prohibition of the object of demand” 5 and, therefore, the decision of the first instance court is claimed to be accurate, this is not accepted by the majority of the ACC. Conclusion At the conclusion of the evaluation, the ACC ruled on the reversal of the decision of insistence, parallel to its previous decisions 6 and in line with the 7th Civil Chamber of the Court of Cassation and, there- fore, ruled that the non-mentioned claim in the lawsuit petition cannot be brought before the court through amendment of pleading. It is clear that the entire amendment of the pleading of the case, and completion of the procedural processes in compliance with the procedures of bringing an action, is necessary regarding a claim that is not mentioned in the lawsuit petition. 5 Decision of the Constitutional Court, No. 1/33, 20.07.1999 (OG, No. 24220, 04.12.2000. 6 ACC’s decision, E. 2014/4-1193, K. 2016/800, 15.06.2016, http://www.kazanci. com/kho2/ibb/files/dsp.php?fn=hgk-2014-4-1193.htm&kw=%C4%B1slah+ile+` yeni+talep`#fm (Access date: December 2019).