Judicial principles and studies
Permission to Appeal (Tamyiz) in an Application: Continuation and Time Limit for Appeal
Summary explaining that permission to appeal remains effective until the final judgment, covering permissions granted for applications within the suit, with a ten‑day filing condition for successors.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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Summary explaining that permission to appeal remains effective until the final judgment, covering permissions granted for applications within the suit, with a ten‑day filing condition for successors.
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Subject
The study interprets Article 191 of the Civil Procedure Code as establishing that permission to appeal (tamyiz) remains effective until the final judgment, with the statutory wording applying generally without distinguishing between permissions related to the main suit and those tied to applications or requests within it. The points also treat an application as part of the suit under Article 109/2, allowing the court to stay proceedings, decide the application, or join it to the main subject.
Summary
According to the provided points, a permission to appeal granted for an application within the suit extends to the final judgment on the main subject because the application is not independent. If the case was previously brought before the Court of Cassation at an earlier stage, the court must consider the final judgment and may not require a new permission from a litigant who already obtained one. The permission remains valid until the final decision, and successors who inherit the permission may file the appeal without a new authorization provided they lodge it within ten days following the date of the contested judgment or its notification in accordance with procedure. This content is an educational summary and is not a judicial text or legal advice.
Practical significance
Practically, courts should not demand a fresh permission where a prior valid permission exists and the appeal is filed within the prescribed ten‑day period; applications submitted within the suit fall under the same permission regime; and the effectiveness of a granted permission endures until the final adjudication. This content is an educational summary and is not a judicial text or legal advice.
Frequently asked questions
Subject?
The study interprets Article 191 of the Civil Procedure Code as establishing that permission to appeal (tamyiz) remains effective until the final judgment, with the statutory wording applying generally without distinguishing between permissions related to the main suit and those tied to applications or requests within it. The points also treat an application as part of the suit under Article 109/2, allowing the court to stay proceedings, decide the application, or join it to the main subject.
Summary?
According to the provided points, a permission to appeal granted for an application within the suit extends to the final judgment on the main subject because the application is not independent. If the case was previously brought before the Court of Cassation at an earlier stage, the court must consider the final judgment and may not require a new permission from a litigant who already obtained one. The permission remains valid until the final decision, and successors who inherit the permission may file the appeal without a new authorization provided they lodge it within ten days following the date of the contested judgment or its notification in accordance with procedure. This content is an educational summary and is not a judicial text or legal advice.
Practical significance?
Practically, courts should not demand a fresh permission where a prior valid permission exists and the appeal is filed within the prescribed ten‑day period; applications submitted within the suit fall under the same permission regime; and the effectiveness of a granted permission endures until the final adjudication. This content is an educational summary and is not a judicial text or legal advice.
Sources and references
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