Code of Organization and Civil Procedure (Cap. 12), article 229

229. (1) An appeal from the decrees mentioned hereunder shall only lie after the definitive judgment and together with an appeal from such j udgment, and such decrees may not be challenged before the defini tive judgment is delivered: (a) a decree allowing a re quest for urgency; (b) a n y o r d e r o r d i r e c t i v e u n d e r t h e p r o v i s i o n s o f a r t i c l e 173; (c) a decree allowing or disallowing a request for the adjournment of a cause under article 195(3); (d) a decree allowing or disallowing an objection to the competency of a witne ss under article 567; (e) a decree allowing or disallowing a request to put questions to a witness under article 587; (f) a decree allowing or disallowing a request for the production of documents under article 637 except if the decree allows or disallows the production of a document which is an exempt document in terms of article 637(4); (g) the appointment of a referee under article 646; (h) a decree allowing or disallowing a request for the connection of actions under article 793(1); (i) a decree allowing or disallowing a request for suspending the del ivery of a decree; (j) a decree allowing or disallowing the expunging of a document from the r ecords of the case; (k) subject to the provisions of this article, a decree allowing or disallowing a request for the revocation or amendment of a decree; (l) a decree disallowing a request for special leave to appeal under sub-article (5); (m) a decree disallowing a request for stay of proceedings. (2) A decision of the court in the cause listed hereunder shall be given by a decree to be read out in open court on a day duly notified to the parties, and an appeal from such decree may be entered before the definitive judgment subject to the procedure laid down in sub-article (4) and (5): (a) a decree refusing the appointment of additional referees under article 674; (b) a decree transferring an action for trial to another court under article 792, (c) a decree refusing the joi nder of a third party under article 961; (d) a decree disallowing a r equest for urgency; (e) a decree ordering the stay of proceedings; (f) a decree that orders the production of a document which is an exempt document in terms of article 637(4). CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 77 (3) Save as otherwise specifically provided for in this Code an appeal from any other interlocutory decree not included in sub- articles (1) and (2) may be ente red before the definitive judgm ent only by special leave of the cou rt hearing the case, to be requ ested by an application to be filed within ten days from the date on which the decree is read out in open c ourt. The court, after hearing the parties, may grant such leave of appeal if it deems it expedien t and fair that the matter be brought before the Court of Appeal befo re the definitive judgment and the time limit for the filing of su ch an appeal shall commence to run f rom the date of the said decree. (4) In the case of any decree under sub-articles (2) and (3), provided that any application fo r an appeal has not been filed, the aggrieved party may file an application within six days from th e date on which the decree is read out in open court, requested t he court which delivered the decree to reconsider its decision. Th e application is contain full and detailed reasons in support of the request and is to be served on the other party who shall have t he right to file an answer thereto within six days from the date o f service. (5) The court shall decide, as expeditiously as possible by decree to be read out in open cou rt, the application for specia l leave to appeal in terms of sub-articl e (3) or the application to rec onsider its decision in terms of sub-article (4), expounding fully ther ein the reasons for the decision. (6) The period for appeal from a decree before a definitive judgment shall be six days from the date on which the decree is read out in open court: Provided that in the case cont emplated in sub-articles (3) and (4) such term for appeal shall run from the day on which th e decrees in terms of sub-article (5 ) are read out in open court. (7) Subject to the provisions of this article, the provisions of this Code relating to appeals from judgments shall apply to app eals from decrees under this article. (8) The security referred to in ar ticle 249 shall not be require d in the cases referred to in sub-article (6). (9) In the case of any frivolous or vexations appeal, the Court of Appeal shall award double costs against the appellant in fav our of the respondent, and may condemn appellant to pay respondent a sum not exceeding two thousand and three hundred and twenty-nin e euro and thirty-seven cents (2,329.37) by way of penalty, savin g any right for damages that may b e competent to respondent. (10) Where an interlocuto ry decree has been given in camera , it shall for the purposes of this article and for the purposes of the calculation of any time therein es tablished be deemed to have b een read out in open court on the date of the first sitting in the case immediately after th e decree was given in camera by the court. 78 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Interlocutory decrees not to operate as res judicata for court delivering them.