Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 791
791. (1) The defendant in a spoliation suit brought within the
period of two months from the day on which the spoliation took
place may not raise any plea other than dilatory pleas, before he
shall have restored the thing to its former condition and fully
revested the party despoiled with in the time which, according t o
circumstances, may have been fixed in the judgment, without
prejudice to any other right appertaining to the defendant.
(2) The provisions of this articl e shall also apply in the case
where a tenant has been dispossessed of the thing let out to hi m
whether by the lessor or by a third party.
(3) The court shall limit its inquiry to the question of
possession or detention, and to the question of spoliation.
Cap. 9.
(4) In a spoliation suit the depositions of witnesses given in
criminal proceedings for an offe nce under article 85 of the Criminal
Code for the same conduct concerned in the suit shall be admissible
as evidence in the suit without prejudice to the right of the o ther
party to cross-examination.
Sub-title VII
OF THE PLEA OF LIS ALIBI PENDENS OR OF
CONNECTION OF ACTIONS
Lis alibi pendens.792. Where an action is brought before a competent court after
another action in respect of the same claim has already been
brought before another competent court, the second action may b e
transferred for trial to such other court.
Connection of
actions,
Amended by:
IX.1886.100.
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.