Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 810B

Official PDF on legislation.mt

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.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.