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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 чл. 774Where want of jurisdiction is to be declared by court of its own motion.

Sub-title III

В силаОфициален текст

In the absence of any plea to the jurisdiction, the court shall, of its own motion, declare that it has no jurisdiction -

(a) where the action is not one within the jurisdiction of the courts of civil jurisdiction of Malta and the defendant has either made default in filing the statement of defence or is an absent defendant represented in the proceedings by curators appointed in terms of article 929; or

(b) where by reason of the subject matter of the claim or of the value of the thing in issue, the action is not within the jurisdiction of the court; or

(c) where in actions touching the recovery of deposits, the monies or other things are deposited under the authority of another court:

Provided that in the cases referred to in paragraph (b) pleas to the jurisdiction may not be pleaded nor raised in an appellate ex officio court.

История на изменения
  • Amended by XXIV.1995.288