Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 810B
810B. Where, within six months from the death pendente lite of
any party to a suit, no application is made by any person to
continue the suit in substitution of the deceased party or wher e
during the said time no application has been filed by a party t o the
suit demanding that the suit b e continued in the name of the
presumptive heir or heirs of the deceased party, the suit shall
continue in the name of the deceased party and any judgement
delivered in such suit shall be enforceable against the heirs o f the
said deceased party:
Provided that notwithstanding the lapse of the six month
period stipulated in this article, any interested person as ref erred to
in article 806 and the other party as referred to in article 80 7 may,
until such time when the suit is adjourned for judgement or aft er
judgement in the case that the said person or party files an
application of appeal, avail himself of the provisions of the s aid
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 219
articles 806 or 8 07 respectively:
Provided further that no judgement delivered in respect of a
deceased party shall be deemed t o be null or defective only by reason
of the fact that the period of six months referred to in this a rticle had
not lapsed at the time when the s uit was adjourned for judgemen t.
Title IV
OF NEW TRIAL
New trial of
decided causes.
Amended by:
XI.1859.33;
IX.1886.101;
XXII.2005.62;
VII.2007.23.
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.