ACT No. XVII of 2012 AN ACT to amend the Code of Organization and Civil Procedure, Cap. 12.

I assent.

A NTON T ABONE

(L.S.)

Acting President

2nd November, 2012

ACT No. XVII of 2012

AN ACT to amend the Code of Organization and Civil

Procedure, Cap. 12.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Code of Organization and Short title.

Civil Procedure (Amendment) Act, 2012, and this Act shall be read

and construed as one with the Code of Organization and Civil Cap. 12.

Procedure, hereinafter referred to as "the Code".

In subarticle (5) of article 41 of the Code, for the words Amendment of

"superior jurisdiction." there shall be substituted the words "superior article

Code.

jurisdiction:" and immediately thereafter there shall be added the

following proviso

"Provided that the reference to the "Civil Court, First Hall"

in this subarticle shall be deemed to include a reference to the

Civil Court (Family Section) and to have included such a

reference as from the date of establishment of the sections of the

civil courts.",

In subarticle (1) of article 144 of the Code for the words Amendment of

"should be dismissed." there shall be substituted the words "should be article

the Code.

dismissed:" and immediately thereafter there shall be added the

following provisos

"Provided that in causes where there are more than

three plaintiffs or more than three defendants the application of

appeal and any other notice, including the notice of trial relating

to the appeal, may be served upon any two of the plaintiffs or

upon any two of the defendants, as the case may be, and upon an

advocate and a legal procurator who before the court at first

instance had acted on behalf of the other plaintiffs or

defendants

Provided further that where there is no advocate or

legal procurator as referred to in the first proviso or where any

such advocate or legal procurator has informed the appellant of

the cessation of the character in which the advocate or legal

procurator has acted, the party requesting to effect service of the

application of appeal may request the court before which the

appeal is filed to authorise service to all parties, other than the

two plaintiffs or the two defendants as the case may be, referred

to in the preceding proviso, by publication in the Gazette and in

one or more daily newspapers as the court may direct, without

any further procedures or requirements."

Article 229 of the Code shall be amended as follows

(a)

in paragraph (f) of sub-article (1) thereof, for the

words "article 637;" there shall be substituted the words "article

637 except if the decree allows or disallows the production of a

document which is an exempt document in terms of article

637(4);"; and

(b) in paragraph (e) of sub-article (2) thereof, for the

words "stay of proceedings." there shall be substituted the

words "stay of proceedings;" and immediately thereafter there

shall be added the following new paragraph

"(f) a decree that orders the production of a

document which is an exempt document in terms of article

637(4).".

Article 466 of the Code shall be amended as follows

(a)

for the words "Where a head of any government

department or the Chairman of Enemalta Corporation or his

representative desires to sue for the recovery of a debt due to a

department under his direction, or to any administration thereof,

for any services, supplies, rent or for any licence or other fee or

tax due" in sub-article (1) thereof there shall be substituted the

words "Where the head of a government department or the

person vested with the legal representation of a body corporate

established by law or with the legal representation of any

company or other body which has been authorised by or under

any law to collect any amounts due to a government department

or to a body corporate established by law, desires to sue for the

recovery of a debt due to a government department or to any

administration thereof or to a body corporate established by law,

for any services, supplies, penalties, rent, ground rent, other

burdens on property, compensation for occupation and or for

any licence or other fee or tax due"; and

(b) for the words "confirm that it is due." in the same

sub-article (1) there shall be substituted the words "confirm

that it is due:" and immediately thereafter there shall be

added the following new proviso

"Provided that the provisions of this article shall

also apply in respect of amounts due for the supply of water and

electricity and for the rental of the relative meters but they shall

not apply where prior to the service required under subarticle

(2) the person from whom the amount is claimed shall have

notified the claimant either by means of a judicial act or by

registered post that he is disputing the metering, calculation or

the charge in respect of such supply or rental.".

Immediately after article 810A of the Code, there shall be Addition of new

article to the

added the following new article

Code.

" Continuation

810B. Where, within six months from

of suit in the

the death pendente lite of any party to a suit,

absence of an

no application is made by any person to

application or

of a curator.

continue the suit in substitution of the

deceased party or where during the said time

no application has been filed by a party to the

suit demanding that the suit be 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 of the said

deceased party

Provided that notwithstanding the lapse

of the six month period stipulated in this

article, any interested person as referred to in

article 806 and the other party as referred to in

article 807 may, until such time when the suit

is adjourned for judgement or after judgement

in the case that the said person or party files

an application of appeal, avail himself of the

provisions of the said articles 806 or 807

respectively

Provided further that no judgement

delivered in respect of a deceased party shall

be deemed to be null or defective only by

reason of the fact that the period of six months

referred to in this article had not lapsed at the

time when the suit was adjourned for

judgement.".

Passed by the House of Representatives at Sitting No. 516 of the

31st October, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives