Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 143
143. (1) The application for the reversal of a judgment shall
contain a reference to the claim and to the judgment appealed f rom
together with detailed reasons on which the appeal is entered a nd a
request that the said clai m be allowed or dismissed.
(2) The application for the variation of a judgment shall
contain a reference to the claim and to the judgment appealed f rom
and shall distinctly state the heads of the judgment complained of
together with detailed reasons for which the appeal is entered and,
in conclusion, shall state, specifically, the manner in which i t is
desired that the judgment be varied under each head.
(3) The application for the reversal, annulment or variation of a
decree shall contain a reference to the contents of the decree
appealed from together with the detailed reasons for such rever sal,
annulment or variation.
(4) In the case mentioned in this article a request for reversal
shall be deemed to in clude a request for annulment and variatio n of
a judgment or decree, and a request for annulment shall be deem ed
to include a request for a reversal and variation of a judgment or
decree.
(5) The default of compliance wi th any of the requirements of
sub-articles (1), (2) and (3) sha ll not make void the applicati on; but
the court shall, in any such cas e, make an order directing the
appellant to file, within two day s, a note containing such part iculars
as are required by law and which have not been duly stated in t he
application.
(6) The cost of the order and of the filing of the note shall be
borne by the appellant.
(7) The provisions of sub-articles (5) and (6) shall, in the cas e
referred to in article 240, apply to the answer.
Service of
application of
Appeal. Time for
answer.
Amended by:
IX.1886.17;
XV .1913.43;
XXVII.1979.3.
Substituted by:
XXIV 1995.60.
Amended by:
XVII.2012.3;
XXXII.2021 .2.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.