Cap. 12 Art. 754Avoidance of obligation ope exceptionis.

The rule laid down in sub-article (2) of the last preceding article shall apply also in the case where the obligation is sought to be avoided by way of defence:

Provided that in such case the court, if it declares the issue so raised to be outside its jurisdiction, shall reserve the costs of the proceedings before it for decision by the court before which the action is subsequently brought.