Code of Organization and Civil Procedure (Cap. 12), article 774

774. In the absence of any plea to the jurisdiction, the court shall, of its own motion, declar e that it has no jurisdiction - (a) where the action is not one within the jurisdiction of the courts of civil jurisdiction of Malta and the defendant has either made default in filing the statement of defence or is an absent defendant represented in the proceedi ngs by curators appointed in terms of article 929; or (b) where by reason of the subject matter of the claim or of the value of the thing in issue, the action is not within the jurisdiction of the court; or (c) where in actions touching the recovery of deposits, the monies or other things a re deposited under the authority of another court: Provided that in the cases referred to in paragraph ( b) pleas to the jurisdiction may not b e pleaded nor raised ex officio in an appellate court. Conflicting decisions as to jurisdiction. Amended by: XV .1913.145; XXIV .1995.289.