Code of Organization and Civil Procedure (Cap. 12), article 167

167. (1) In actions within the jurisdiction of the superior courts or the Courts of Magistrates (Gozo) in its superior jurisdiction, where the demand is solely - (a) for the recovery of a debt, certain, liquidated and due, not consisting in the pe rformance of an act; or (b) for the eviction of any per son from any urban or rural tenement, with or without a claim for ground rent, rent or any other consideration due or by way of damages for any compensation, up to the date of the surrender of the tenement, or (c) for the eviction of an operator, lessee or other occupants, including any members of their staff from seagoing vessels or aircrafts, it shall be lawful for the plaintiff to pray in the sworn appli cation that the court gives judgment allowing his demand, without CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 53 proceeding to trial: Provided that the plaintiff shall, in his declaration made in terms of article 156(3) state that in his belief there is no de fence to the action: Provided further that the plai ntiff may also file a sworn affidavit of any other person, containing facts relative to the claim, and confirming that such facts are within the knowledge of such a person. (2) In the cases provided for in this article, the sworn application shall be in writing according to the prescribed for m and shall contain an order to the de fendant to appear before the co urt, on an appointed day and at a stated time. (3) The provisions of article 156(1)( a), ( b) and ( c), (2) and (3) and of article 159 shall apply to the said sworn application. Service on defendant. Repealed by: IX.1886.25. Re-enacted by: XV .1913.52. Amended by: XXIV .1995.77; XXII.2005.26.