A Legal Analysis to Bringing in the Third Party as the Mere Follower Litigation

Although bringing in the third party (BTP) has been lying in Civil Procedure Act of Iran for about 100 years, but rarely its points have been noticed. Despite presence of some kind of dependence between main and ancillary litigation at all ancillary litigations, such dependence is much more in three litigations of third party entrance, BTP and counter claim and it can be said that due to said reasons this dependence is in utmost in BTP. In other words, BTP is a follower litigation. This obedience is observed not only in required number of plaint for BTP, but also in court’s jurisdiction, in deadline for presenting petition and plaint, in moving dilatory pleas and lawsuits, in joinder of claims in every instances of trial, in objection to the ex parte judgment, in appeal and even in pleading the Supreme court. In a way that independent hearing of a litigation which is in real BTP in any instance of the trial would be impossible. From these results other results would be derived in possibility of setting before dilatory pleas by the third party defendant of the main defendant about the main litigation, proportional possibility of application for attachment and injunction from him by the main plaintiff and the need for consent of the latter person for withdrawing the BTP’s lawsuit, non-issuance of necessarily only one judgment for the main and the BTP lawsuits, and principally necessity of joinder in all instances of its and any other ancillary litigations trial.