Cap. 12 Art. 811New trial of decided causes.

A new trial of a cause decided by a judgment given in second instance or by the Civil Court, First Hall, in its Constitutional Jurisdiction, may be demanded by any of the parties concerned, such judgment being first set aside, in any of the following cases:

(a) where the judgment was obtained by fraud on the part of any of the parties to the prejudice of the other party;

(b) where the sworn application was not served on the party cast, provided that, notwithstanding such omission, such party shall not have entered an appearance at the trial;

(c) where any of the parties to the suit was under legal disability to sue or be sued, provided no plea thereanent had been raised and determined;

(d) where the judgment was delivered by a court having no jurisdiction in terms of article 741(a), provided no plea thereanent had been raised and determined;

(e) where the judgment contains a wrong application of the law; For the purposes of this paragraph there shall be deemed to be a wrong application of the law only where the decision, assuming the fact to be as established in the judgment which it is sought to set aside, is not in accordance with the law, provided the issue was not in reference to an interpretation of the law expressly dealt with in the judgment;

(f) where judgment was given on any matter not included in the demand;

(g) where judgment was given in excess of the demand;

(h) where the judgment is conflicting with a previous judgment given in a suit on the same subject-matter and between the same parties, and constituting a res provided no plea of had been judicata, res judicata raised and determined;

(i) where the judgment contains contradictory dispositions;

(j) where the judgment was based on evidence which, in a subsequent judgment, was declared to be false or which was so declared in a previous judgment but the party cast was not aware of such fact;

(k) where, after the judgment, some conclusive document was obtained, of which the party producing it had no knowledge, or which, with the means provided by law, he could not have produced, before the judgment;

(l) where the judgment was the effect of an error resulting from the proceedings or documents of the cause. For the purposes of this paragraph there shall be deemed to be such error only where the decision is based on the supposition of some fact the truth whereof is incontestably excluded, or on the supposition of the non-existence of some fact the truth whereof is positively established, provided that, in either case, the fact was not a disputed issue determined by the judgment.