Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 281

Official PDF on legislation.mt

281. (1) Without prejudice to any other right under this or any other law, the person against whom an executive act has been issued or any other person who has an interest may make an application, containing all desired submissions together with a ll documents sustaining such application, to the court issuing the executive act praying that the executive act be revoked, either totally or partially, for any reason valid at law. (2) The application shall be served on the opponent who shall, within ten days, file a reply co ntaining all submissions which such opposite party may wish to make together with all documents sustaining the reply which are within its ability to file: Provided that the court may, in urgent cases, reduce the period referred to in this sub-article. In default of such oppo sition the court shall accede to the demand. (3) The court shall decide on the application after hearing the parties and receiving s uch evidence as it may deem fit, if it s o considers, within a period not later than one month from the fi ling of the said application. Appeal from decree. (4) An appeal from a decree deli vered under sub-article (3) may be entered by application w ithin six days from the date on which the decree is read out in open court. The Court of Appeal shall appoint such appeal for hearing within one month from the date when the decree is read out in open court, and the appeal shall be decided within three months from the date when it has been appointed for hearing. (5) The security referred to in ar ticle 249 shall not be require d in the cases referred to i n the previous sub-article. Sub-title I OF THE WARRANT OF SEIZURE OF MOV ABLE PROPERTY 92 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Warrant of seizure on movable property. Added by: XIV .2006.14. Amended by: XII.2009.23.

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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.