Code of Organization and Civil Procedure (Cap. 12), article 786

786. (1) It shall not be lawful t o raise the plea as to the capacity of a party suing or sued in the name and on behalf of any other party against the Economo or other official performing an equivalent function at the Archbishop’s Curia in Malta and at t he Bishop’s Curia in Gozo, against any of the persons mentioned in article 180(1)( a). or Attorney General or State Advocate Substituted by: XXV .2019.23. (2) Nor may such plea be raised against the Attorney General or against the State Advocate in any action in which they are espe cially authorised by law to appear, or where they are authorized by th e competent authority to appear in regard to any action touching public policy, and in so far as the public interest is concerned. or public official in Gozo. (3) Nor may such plea be raised against any official in charge of any branch of the public service in Gozo, who appears before the Court of Magistrates (Gozo) in c onnection with matters pertaini ng to his office, provided the head of the department to which the said official may by reason of such o ffice belong, be residing in Ma lta; in such cases, the provisions of this Code relating to heads of departments, shall be applicable to such official. 214 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE When plea of incapacity is not allowed. Added by: XXIV .1995.292.