Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 235

Official PDF on legislation.mt

235. Where a court of first insta nce omits to determine any of the claims brought forward, no appeal shall lie ab omissa decisione : Parties may request first court to decide claim not determined by application within fifteen days, Provided that it shall be lawful for each of the parties, within the time of fifteen days from the date of the judgment, by means of an application, to request the court of first instance to determine such claim; and upon such application, the parties be ing summoned anew, the court shall adjudge upon the claim; in such case, the time for entering appeal from the whole judgment, or from any part thereof, shall commence to run from the day of the las t judgment: or by sworn application at any time. Provided further that it shall be lawful for each of the parties, at any time, to sue by sworn application before the co urt of first instance for a decision on the claim the determination of which had been so omitted. Interested third parties may appeal.

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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.