Abstract

The procedural necessity is alegal case of the making of the legislator, which is referred to explicitly or implicitly in the civil procedure law. In addition to achieving it in addition to being a mens of preventing remuneration the malter that negates this idea is the availability of condition the most prominent od which is that the legistator stipulates them, either explicitly or implicitly and that it rerifies the necessity in the law of pleadings litigation proceedings just as adopting this idea will undoubtedly have five effects whether negative in it and its impact on the judicial juris prudence or the growth of the between phenomenon in litigation as well as the position effects such as active the superior role of the judge and reaping it from falling under personal pain.