Cap. 12 Art. 164Nullity of proceedings.

(1) Saving the provisions of article 175, nullity shall ensue if proceedings which should have been instituted by sworn application or by application of appeal are instituted by any other judicial act.

(2) No nullity shall ensue if a cause which should have been instituted by application is instituted by sworn application: Provided that any additional costs incurred shall be borne by the plaintiff: Provided further that the provisions of this sub-article shall apply where in accordance with any law other than this Code proceedings are to be instituted by application.