Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 728
728. (1) Subject to the provisions of article 731 in actions
instituted by sworn application, all pleas whether dilatory or
touching the merits shall be raised in the sworn answer, as the case
may be. Those pleas touching the merits shall be raised without
prejudice to the dilatory pleas.
(2) No other pleas can be set up at a later stage; provided that
the court may on an application by the defendant or respondent
allow the setting up of additional pleas, if it is satisfied th at there
were valid reasons for not includ ing them in the note of pleas or in
the answer.
Power of court to
hear merits of case
in order to dispose
of preliminary
plea.
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.