1. Litigation procedures and method of appealing judgments as it relates to public order. The court shall address the same by its own motion without reliance on pleadings or defenses of litigants. The condition thereof. In the condition that all factual elements are presented before the court.
2. Statement of Appeal not signed by accepted Lawyer article (6/2) of  the new law of legal profession as enacted by Law No.(23) of 2006, which corresponds to article (6/3) of the repealed legal profession Law No.(10) of 1996.  Its effect. The nullity of the Statement of Appeal.  Its relation to public order. The justification thereof.
3. Cassation, “effect of cassation”.

Cassation of judgments that rendered to accept the appeal in form: Effect thereof. Overturning the judgment as rendered in the subject of appeal. Reasoning thereof.

1. Pursuant to the judgment of this court, the procedures of litigation and the procedures of appealing judgments are matters of public order, and the court address those matters from its own motion without consideration and reliance on the litigants pleadings and defenses as long as the factual elements of such matters are presented before the Court.
2. The provision of third paragraph of article six of  repealed Legal profession Law No.(10) of 1996- which applies to the facts of this dispute, which corresponds to the Second paragraph of article six  of the New Legal Profession Law as enacted by Law No.(23) of 2006-provides that “it shall not be permissible to present the Statement of Appeal of judgment rendered by the Supreme Civil Court, unless, such Statement is signed by practicing Lawyer” it provides and proves the prohibition against the presentation of the Statement of Appeal which is not signed by practicing lawyer. And the rational of such prohibition is that where such statement is not signed by such lawyer this will definitely render such statement inadmissible. And that will not changed by the fact that the legislator does not provide for such inadmissibility as penalty for this violation. And that is for the reason that the prohibition provided for in Third paragraph of Article six of the repealed Legal Profession Law as above mentioned is regarded as a provision for nullity of the Statement which is not signed by practicing Lawyer. And therefore, such nullity will fall if such procedure is not undertaken. And whereas the objective of the legislator from the above mentioned provision is to observe the public interest, and simultaneously to provide for the private interest, for the reason that, when the lawyer supervise the drafting of Such statement , he will do so while observing the provisions of the Law. And that will stop the follow of disputes which are in most time arise when the inexperienced persons undertake to practice matters that have some sort of legal aspects, a fact that will be detrimental and cause damage to the concerned persons. Therefore, such nullity should be regarded as relates to public order and the court shall decide on it by its own motion.  
3. Whereas, its apparent from the Statement of Appeal No (--), that it does not bear the signature of any lawyer, therefore, it shall be null and void, and the appealed judgment is erroneously accepted the Appeal in form, even thought, the Statement of such Appeal is null and void, and by deciding so, such judgment is rendered flawed and it ought to be overturned. And the effect of overturning such judgment shall be the overturning of subsequent judgment rendered in the subject matter of the Appeal as it considered subsequent and based on the First judgment.

 

 
Having reviewed the documents and hearing the report, which was read by the presiding judge of the hearing, pleadings, and deliberation, and where as the appeal has satisfied the procedural formalities;
 
Whereas, the facts, as shown from the appealed judgment and from all documents, can be summarized on that the Appellant has lodged case no. 726/2005 personal matters full and pleaded the court to issue a judgment, to exempt him from the Child Support of his child from the  Appellee as of 11/11/2002 and to oblige the Appellee to refund to the Appellant the amount that is received as child support, and Appellant stated in  explanation of this, that by virtue of  a judgment, the Appellant was ordered to pay the Appellee a child support of their child on the amount of five hundred Riyals per month, and whereas the Appellant becomes insolvent as of 11/11/2002 and whereas the Appellee is solvent and therefore he is entitled to be exempted from such alimony. The court has decided to dismiss the case. Appellant filed Appeal No…, and in 25/3/2007 the Court of Appeal rendered its judgment to uphold the appealed judgment. The Appellant filed an Appeal by cassation and such Appeal is presented before this court in deliberation room and session for hearing the appeal is scheduled;

1.  And whereas the litigation and appeal procedures are matters of public order and the court shall address such matters by its motion without relying on the pleadings and defenses of Litigants as long as the factual element of such appeal is presented before the court and whereas  The provision of third paragraph of article six of  repealed Legal profession Law No.(10) of 1996- which applies to the facts of this dispute, which corresponds to the Second paragraph of article six  of the New Legal Profession Law as enacted by Law No.(23) of 2006-provides that “it shall not be permissible to present the Statement of Appeal of judgment rendered by the Supreme Civil Court, unless, such Statement is signed by practicing Lawyer” it provides and proves the prohibition against the presentation of the Statement of Appeal which is not signed by practicing lawyer. And the rational of such prohibition is that where such statement is not signed by such lawyer this will definitely render such statement inadmissible. And that will not changed by the fact that the legislator does not provide for such inadmissibility as penalty for this violation. And that is for the reason that the prohibition provided for in Third paragraph of Article six of the repealed Legal Profession Law as above mentioned is regarded as a provision for nullity of the Statement which is not signed by practicing Lawyer. And therefore, such nullity will fall if such procedure is not undertaken. And whereas the objective of the legislator from the above mentioned provision is to observe the public interest, and simultaneously to provide for the private interest, for the reason that, when the lawyer supervise the drafting of Such statement , he will do so while observing the provisions of the Law. And that will stop the follow of disputes which are in most time arise when the inexperienced persons undertake to practice matters that have some sort of legal aspects, a fact that will be detrimental and cause damage to the concerned persons. Therefore, such nullity should be regarded as relates to public order and the court shall decide on it by its own motion.  And, whereas its apparent from the Statement of Appeal No (--), that it does not bear the signature of any lawyer, therefore, it shall be null and void, and the appealed judgment is erroneously accepted the Appeal in form, even thought, the Statement of such Appeal is null and void, and by deciding so, such judgment is rendered flawed and it ought to be overturned. And the effect of overturning such judgment shall be the overturning of subsequent judgment rendered in the subject matter of the Appeal as it considered subsequent and based on the First judgment
2.  

Therefore, this court overturned the appealed judgment and obligates the Appellee to pay expenses and decided in Appeal no 262/2006, that the Statement of Appeal is null and void and ordered the Appellant to bear the expenses.