Newsletter-21

375 What is understood from these provisions is that the TCCP aims to provide for more efficient litigation proceedings by ensuring that the parties submit the issues in dispute, and the evidence that aims to resolve their dispute, prior to the investigation phase, at the beginning of the proceeding. Accordingly, the GACC of the Court of Cassation reached the conclusion that if the statement of reply has not been submitted upon the notification of the statement of claim to the respondent, within the prescribed time, there is no evidence submitted as a basis of defense, and that a time period to the respondent may not be granted in order to submit its evidence. Additionally, the Court of Cassation stated that the exceptional circumstances set forth under Article 145 of the TCCP have not been met in this case, and also, the conditions laid down under Article 141 regulating the extension or amendment of the defense have not been met. The Decision of the 2nd Civil Chamber of the Court of Cassation Dated 03.07.2013 However, a review of the previous decisions of the Court of Cas- sation shows that the court has granted decisions that are not in line with the decision that is the subject of this article. The decision of the 2nd Civil Chamber of the Court of Cassation dated 03.07.2013 and numbered 2013/6356 E., 2013/18904 K., may be given as an example to such decisions. In this decision, the Court of Cassation stated that the failure of the respondent to submit its statement of reply within the prescribed time does not eliminate its right to submit evidence and to prove its defenses. In the view of the Court of Cassation, the respondent, in such case, may submit evidence in order to refute the facts upon which the claimant’s claims are based, under the condition that the prescribed time period is complied with. Additionally, in this decision, the Court of Cassation emphasized that if the respondent, who failed to submit its statement of reply, is LAW OF CIVIL PROCEDURE AND ENFORCEMENT AND BANKRUPTCY