Cap. 12 Art. 229Appeal from decrees.

(1) An appeal from the decrees mentioned hereunder shall only lie after the definitive judgment and together with an appeal from such judgment, and such decrees may not be challenged before the definitive judgment is delivered:

(a) a decree allowing a request for urgency;

(b) any order or directive under the provisions of article

173;

(c) a decree allowing or disallowing a request for the adjournment of a cause under article 195(3);

(d) a decree allowing or disallowing an objection to the competency of a witness under article 567;

(e) a decree allowing or disallowing a request to put questions to a witness under article 587;

(f) a decree allowing or disallowing a request for the production of documents under article 637 except if the decree allows or disallows the production of a document which is an exempt document in terms of article 637(4);

(g) the appointment of a referee under article 646;

(h) a decree allowing or disallowing a request for the connection of actions under article 793(1);

(i) a decree allowing or disallowing a request for suspending the delivery of a decree;

(j) a decree allowing or disallowing the expunging of a document from the records of the case;

(k) subject to the provisions of this article, a decree allowing or disallowing a request for the revocation or amendment of a decree;

(l) a decree disallowing a request for special leave to appeal under sub-article (5);

(m) a decree disallowing a request for stay of proceedings.

(2) A decision of the court in the cause listed hereunder shall be given by a decree to be read out in open court on a day duly notified to the parties, and an appeal from such decree may be entered before the definitive judgment subject to the procedure laid down in sub-article (4) and (5):

(a) a decree refusing the appointment of additional referees under article 674;

(b) a decree transferring an action for trial to another court under article 792,

(c) a decree refusing the joinder of a third party under article 961;

(d) a decree disallowing a request for urgency;

(e) a decree ordering the stay of proceedings;

(f) a decree that orders the production of a document which is an exempt document in terms of article 637(4).

(3) Save as otherwise specifically provided for in this Code an appeal from any other interlocutory decree not included in sub-articles (1) and (2) may be entered before the definitive judgment only by special leave of the court hearing the case, to be requested by an application to be filed within ten days from the date on which the decree is read out in open court. The court, after hearing the parties, may grant such leave of appeal if it deems it expedient and fair that the matter be brought before the Court of Appeal before the definitive judgment and the time limit for the filing of such an appeal shall commence to run from the date of the said decree.

(4) In the case of any decree under sub-articles (2) and (3), provided that any application for an appeal has not been filed, the aggrieved party may file an application within six days from the date on which the decree is read out in open court, requested the court which delivered the decree to reconsider its decision. The application is contain full and detailed reasons in support of the request and is to be served on the other party who shall have the right to file an answer thereto within six days from the date of service.

(5) The court shall decide, as expeditiously as possible by decree to be read out in open court, the application for special leave to appeal in terms of sub-article (3) or the application to reconsider its decision in terms of sub-article (4), expounding fully therein the reasons for the decision.

(6) The period for appeal from a decree before a definitive judgment shall be six days from the date on which the decree is read out in open court: Provided that in the case contemplated in sub-articles (3) and (4) such term for appeal shall run from the day on which the decrees in terms of sub-article (5) are read out in open court.

(7) Subject to the provisions of this article, the provisions of this Code relating to appeals from judgments shall apply to appeals from decrees under this article.

(8) The security referred to in article 249 shall not be required in the cases referred to in sub-article (6).

(9) In the case of any frivolous or vexations appeal, the Court of Appeal shall award double costs against the appellant in favour of the respondent, and may condemn appellant to pay respondent a sum not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) by way of penalty, saving any right for damages that may be competent to respondent.

(10) Where an interlocutory decree has been given it in camera, shall for the purposes of this article and for the purposes of the calculation of any time therein established be deemed to have been read out in open court on the date of the first sitting in the case immediately after the decree was given in camera by the court.