Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 143

Official PDF on legislation.mt

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.

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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.