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

Cap. 12 Art. 519Service of application for substitution. Answer. Power of court.

Title III

In forceOfficial text

(1) Where no positive refusal or incapacity to perform the duties referred to in the last preceding article is made to appear, the court shall order the application for the substitution to be served on the party in lieu of whom the substitution is demanded, who shall be allowed the time of four days within which to file an answer; and the default of an answer within the said time shall be deemed to be an admission of the demand contained in the application.

(2) Where there are reasons to believe that the incapacity arises from insanity or any other cause which prevents such answer, the court shall take such steps as it may deem just and expedient in order to ascertain the facts.