The formal rules of civil procedure are considered as a way to achieve the right as a matter of substance; The principle of hearing the lawsuit is interpreted based on this point of view and on the basis of principles such as facilitating and restoring proceedings and in the direction of achieving justice. In the shadow of the summary of the law and in an unfair procedure, the plurality of issuance of non-hearing order in many positions by the courts has been considered as a non-existent principle (principle of non-hearing of the lawsuit) and not as an existence; A concept that does not obligate the judge to investigate and puts the evidentiary aspects of the hearing on the shoulders of the petitioner. Examining the opinions of Imamiyya jurists shows that they have mostly raised the conditions of hearing claims as positive matters, but they have not said anything about the negative side, i.e. the obstacles to hearing claims. In the words of some Imami jurists, it is stated that it is necessary to hear all the claims that have the main structure of the claim; This leads us to consolidate and establish general principles and rules in this regard. It is beyond this position that these jurists have accepted against anonymous lawsuits and consider the situation of non-hearing only in the assumption that the lawsuit is absolutely unknown. It is obvious that in a situation where the claim is unknown in some ways, the judge can hear the claim by dismissing the claimant.