Amendment status not verified — confirm the current text below against the official source.

When any other dilatory exception is decided in the afﬁrmative. § Sole Paragraph: The provisions of this article shall not be of any effect when the proceeding has been transferred to another court and when the absence or irregularity is cured.  Article 499, 514(1), 660 of this Code. Article 294 – Consequences and effects of dropping proceedings – Dropping of proceedings in no case precludes to the institution of another action for the same purpose. 98 The civil effects derived from the institution in the ﬁrst action and of the service of summons on the respondent shall be maintained wherever possible, if the new case is intended or the respondent is served within 30 days from the time when the judgment dropping the proceedings becomes final for want of appeal. § 1: If the plaintiff ﬁles a new suit without paying the costs directed in the previous suit, not only payable to the court, but also to the defendant, the latter may apply, after the expiry of the period to raise objection against calculation of the costs, that the plaintiff be notiﬁed to prove that such costs have been paid, on pain of a fresh discharge of the defendant being ordered, and the plaintiff loosing the beneﬁt referred to in the second part of the article. § 2: If the defendant is discharged from the suit on the grounds No.1 and 5 of article 293, in the new suit between the same parties the evidence produced in the ﬁrst suit can be made use of and the decisions passed therein on controversial questions, shall be effective, save for what is provided in Article 105. Article 295 – Agreement to refer to Arbitration - The parties may agree, at any stage of the proceedings that the decision of entire matter or a part thereof be remitted to one or more arbitrators of their choice. As soon as the arbitration agreement is drawn up in the proceedings or document containing arbitral clause is produced, the court shall examine whether the agreement to submit to arbitration is valid in relation to its object and the status of the parties, and if so, the proceedings shall come to an end and the parties shall be referred to the arbitral tribunal, each of the parties being directed to pay half of the costs, unless otherwise expressly agreed. § Sole Paragraph: It is not lawful to place reliance on any record of the proceedings, unless the parties have made an express reservation to the contrary.  See also Article 1561 of this Code. Article 296 – Abandonment of proceedings - The proceedings shall be considered as abandoned when it remains pending for a period of 5 years, without prejudice to what is provided in the following article. As soon as the fact foreseen in this article is ascertained, the ofﬁce shall place the ﬁle before the judge for the proceedings to be declared closed in view of abandonment. 99 Article 297 – Abandonment of appeals - Appeals shall be declared as abandoned for lack of prepayment of costs towards the prosecution of the appeal or of payment of costs, as provided in the appropriate law. The appeals shall also be declared as abandoned, when by reason of inaction of the parties, the appeals were pending for more than one year, although the initial prepayment of costs may have been done. If any incidental proceedings has arisen with effect of stay of the operations, the appeal shall be adjudged as abandoned, if more than one year has elapsed without there being any progress in such incidental proceedings. The desertion shall be adjudged by simple order of the Judge or of the Assignee Judge.  Assignee Judge (“Relator”): in a collective Court, one of the Judges was assigned the task of preparing the judgement. Article 298 – Liberty to withdraw, admit, claim and compromise - The plaintiff may, at any stage, withdraw all the reliefs prayed or a part thereof, in the same manner as the defendant may admit all or part of the relief. It is also lawful for the parties, at any stage of the suit, to enter into a compromise over the object of the suit. Article 299 – Effect of admission and compromise – An admission or a compromise has the effect of modifying the relief or put an end to the case in the precise terms in which it has been drawn. Article 300 – Effect of withdrawal - The withdrawal of the claim extinguishes the right which was intended to be enforced. The withdrawal of the proceedings only brings to an end the proceeding which is initiated, unless it takes place after a passage of eight days from the notice of the curative order, because in that case, it shall have the same effect as abandonment of the claim. Article 301 – Protection of the rights of respondent - The withdrawal of the proceedings depends upon the acceptance of the respondent, when it is applied for after the written statement is ﬁled. The abandonment of the claim is free, but does not defeat as a rule, the counterclaim. 100 Article 302 – Restriction on the rights of representatives of collective persons, incapable persons and absentees - The representatives of collective persons and of incapables or absentees can only withdraw, admit or compromise within the precise limits of their powers or special authorization from the entity who has power to grant the same. Article 303 – Admission, abandonment and compromise in case of joinder of parties - In case of joinder of proper parties, the admission, abandonment and compromise by an individual are free, limited to the interest of each one in the suit. In case of joinder of necessary parties, the admission, withdrawal and compromise of any of the parties has bearing only on the costs. Article 304 – Limitations on admission, abandonment and compromise - It is not lawful to make admission, abandonment or compromise which imports the affirmation of the wish of the parties in any legal domain in which it is not lawful to make such afﬁrmation. Article 305 – How admission, abandonment, compromise is to be made - The admission, withdrawal or compromise may be made by recording it in the proceedings or by an authentic document. The record shall be drawn within the period ﬁxed by the court or else the proceedings shall continue. The record having been drawn or the document having being produced, it shall be examined whether such admission; abandonment or compromise is valid as to its object and capacity of the persons making it; and in the afﬁrmative, it will be so ordered in the ﬁnal judgment issuing proper declaration or either allowing the relief or dismissing the same, as the case may be. § Sole Paragraph: When the nullity of admission, withdrawal or compromise arises solely from lack of power or irregularity of mandate, it shall be sufﬁcient if the judgment is personally notiﬁed to the party and such party did not challenge the same within the prescribed period.  In this connection see also Article 38. Article 306 – Revocation of admission, abandonment or compromise - It is not lawful to revoke the admission, abandonment or compromise due to a mistake of law, but it may be revoked due to a mistake of fact, deceit, coercion or misrepresentation in a suit brought for this purpose. 101 § Sole Paragraph: The suit for revocation, till it is decreed, does not prevent that order passed on an admission, abandonment or compromise from producing all its effects. CHAPTER III PROCEDURAL STAGES SECTION I GENERAL PROVISIONS Article 307 – Mode of applying and means of proof - The steps regulated in this chapter shall be drafted without paragraphs and it is incumbent on the party to submit the list of witnesses and apply for any other means of evidence. Article 308 – Time limit to file Defence statement and indication of means of proof - The opposition to the prayer, when admissible, shall be ﬁled also without paragraphs, within a period of 8 days, observing, as regards the leading evidence, what is provided in the previous article. Article 309 – Limit on number of witnesses - Not more than 3 witnesses may be produced to prove each fact, and their total number, for each party, shall not be more than 8. SECTION II VALUATION OF THE CAUSE Article 310 – Valuation and its consequences - To each and every cause a speciﬁc value should be attributed expressed in legal tender, which shall represent the immediate economic utility which is sought through the action. This value shall be taken into account for ﬁxing the pecuniary jurisdiction of the Court, the type of proceedings and whether the cause exceeds the pecuniary jurisdiction of the Court. § Sole Paragraph: For the purpose of costs and other legal burdens, the value shall be ﬁxed as per the rules laid down in the relevant legislation.  Articles 310-324 – Valuation of the cause: o Suits Valuation Act, 1887 and o Court Fees Act, 1870. 102 Article 311 – Valuation for money matters and eviction cases - If the suit is instituted demanding certain amount in cash, this will be the value of the suit and any objection against the same or agreement to the contrary is not admissible. If the suit is meant to achieve different purpose the value of the suit shall be the amount in cash equivalent to such beneﬁt. § Sole Paragraph: In the suit for eviction the value shall be of the annual rent, when the lease is for a period of one year or exceeding one year, and the rent of six months when the lease is for more than six months or more and less than one year; and of the monthly rent when the lease is for less than six months. Article 312 – Valuation in case of cumulation of prayers and other types of prayers - Where there is joinder of prayers, the value of the suit shall be amount corresponding to the totality of the prayers. If the reliefs are in the alternative only the reliefs of greater value shall be taken into account; if the reliefs are subsidiary, the prayer formulated in the ﬁrst place shall be taken into account. § Sole Paragraph: When interest, rent, income already accrued and to be accrued, during the pendency of the suit, is demanded, the value of the suit shall be only the interest already accrued. Article 313 – Time to determine value – Valuation of counter claim - For the ﬁxation of the value, the time to be considered is the date of institution of the suit, However, if the defendant files a counter claim, the value of the prayer formulated by the defendant shall be added to the prayer formulated by the plaintiff; but, such increased value shall have effect only to the extent, of the acts subsequent to the defence of the defendant. Article 314 – Valuation for future rents - If in the suit there are instalments already accrued and instalments to be accrued the value shall be ﬁxed adding both the values. Article 315 – Valuation shall depend on value of juridical act - When the suit is for determining the existence, validity, implementation, modiﬁcation or rescission of a juridical act, the value ﬁxed by the parties shall be taken into account. If there is no price nor value stipulated, the value of the act shall be ﬁxed in accordance with the general rules. 103 Article 316 – Valuation based on value of thing - If the suit is to enforce a right of full ownership to property over a thing, the value of the same thing shall be the valuation of the cause. If there is a case of property in imperfect ownership or of capital of one instalment, the general rules of the valuation shall be observed. Article 317 – Valuation for status or Incorporeal rights - In the suit in respect of status of a person or in respect of incorporeal interests, the valuation is always considered equivalent to the pecuniary jurisdiction of High Court plus 1 $ (one escudo). Article 318 – Rights of parties to indicate value – how exercised - The plaintiffs shall indicate the valuation of the suit in the plaint, without which the plaint shall not be received. The defendant may, in the pleadings where he ﬁles his defence, challenge the valuation, provided that he offers his own valuation in substitution. In the subsequent pleadings, if available, the parties may agree to any valuation. § 1: If the suit permits only two pleadings, the plaintiff has liberty to declare, within three days subsequent to the defence of the defendants, that he accepts the value ﬁxed by the defendants. § 2: When the plaint does not contain the indication of the value and despite the same, has been wrongly accepted, the plaintiff shall be notiﬁed to declare the valuation as soon as the omission is discovered. In this case, notice will be given to the defendants of the declaration made by the plaintiffs; and if the time for ﬁling the pleadings is over, the Defendants may contest the value declared by the Plaintiffs. § 3: The absence of challenge on the part of the defendant signiﬁes that the Defendant accepts the value offered by the Plaintiff. Article 319 – Will of parties and judicial intervention in fixing valuation - The value of the case shall be that which is agreed between the parties as provided in the preceding article, except where the judge ﬁnds, after the pleadings are over, that the real value is different that offered by the parties. If the parties are not in an agreement or if the judge is of the view that the agreement is in ﬂagrant opposition to reality, the value shall be ﬁxed by the judge if the proceedings contains necessary material; if not, the valuation shall be ﬁxed in accordance with two following articles. 104 Article 320 – Valuation where neither will of parties nor power of judge are adequate - In the suit referred to in article 316, the value shall be ﬁxed. a) By the head of the registry when the suit deals with properties registered in matriz (Revenue Record), of the dominium directum, of the census or any other instalment payable in cash or kind of which there is value ﬁxed by the Municipality. Upon the certiﬁcate of matriz or rate ﬁxed by the municipalities produced, the head of the registry shall observe the rules relating to the valuation considering the net revenue as the real value of the property; b) By the last listed price when it is a case of securities, values, or objects having legal price, or listed price; c) By the valuation done by the expert when it is a case of precious stones or metals. Article 321 – Valuation in extreme cases - If it is not possible to ﬁx the value in the manner provided in the preceding article or in cases different from those referred to in article 316, the judge shall summarily decide the matter, holding inquiry in the manner he thinks ﬁt and ﬁx the valuation. When it is necessary to ﬁx the valuation by way of arbitration, the valuation shall be ﬁxed by a single expert appointed by the judge and against whom no impediment or recusal by parties shall be entertained. Article 322 – Valuation of incidental proceedings - The valuation of the incidental proceedings is that of the main cause to which they relate, save where the incidental proceedings are appended to the main cause and have in reality a value different from that of the cause, because in such cases, the valuation shall be determined in accordance with preceding articles. § Sole Paragraph: When the party who ﬁles the incidental proceedings does not indicate any different valuation, it is understood that he accepts that the value is that of the main cause. The opposite party may challenge the valuation of the ground provided in the exceptions foreseen in the article and in that case Article 319 to Article 321 shall be followed with necessary adaptations. The challenge is also admitted when different valuation is given to the incidental proceedings and the opposite party does not agree with such valuation. Article 323 – Valuation of Preventive and Mandatory Injunction proceedings - The valuation of the preventive and conservatory proceedings shall be ﬁxed in following manner: 105 (a) In the case of seizure, according to the amount of credit, which is sought to be guaranteed; and if the seizure is not meant to secure payment of any amount, by the value of the objects seized; (b) In the case of injunction to prevent new construction and preventive measures, by the damage which is sought to be avoided; (c) In the case of sealing and enlisting of the articles, by the value of the properties listed or seized; (d) In the case of deposit, by the amount or the value of the thing deposited; (e) In the case of provisional alimony, by the monthly amount asked multiplied by 12; (f) In the case of provisional restoration of the possession, by the value of the property dispossessed; (g) In the case of suspension of resolution of the company, by the amount of damage likely to be caused; (h) In the case of offering the security, by the amount to be secured. Article 324 – Effect of valuation on jurisdiction and type of proceedings - After being satisﬁed by the ﬁnal decision on the incidental proceeding that the court has no jurisdiction or the category of the proceedings to the action is different, the case shall be remitted to the court having jurisdiction or the appropriate form of the procedure is directed to be followed; without, however, annulling whatever has been processed. However, if the judge is of the view that the use of less solemn form caused prejudice to the defendant in his defence may upon the application of the defendant permit him to submit new defence in accordance with the applicable form of the proceedings SECTION III INTERVENTION BY THIRD PARTY SUB SECTION I IMPLEADMENT OF A THIRD PARTY Article 325 - Impleadment of true owner - Whoever is sued as a possessor of the property enjoying it in his name where in reality he possesses the same in the name of another shall be 106 bound to indicate the person in whose name it is possessed. If he does not do so, he shall be deemed to be a possessor in his own name, but the judgment passed on the merits of the case shall not constitute res judicata against the person in whose name he was enjoying, unless the later voluntarily joins in the suit. The person against whom the suit was ﬁled, shall be answerable to the owner for all the damages caused on account of default in not bringing him on record.  Articles 325-364 – Joinder of parties, Third Party, Party procedure – Corresponding provisions in C.P.C. 1908: - o Third party procedure – Bombay High Court, Amendment to CPC – O. VIII, rr. 23 to 36. o Parties to suit – Suit in name of wrong plaintiff – O.I, r.10 Article 326 – Limitation and notice - The period for the indication of the name of the real owner shall be counted from the date of service of summons. The defendant shall apply that the plaintiff be given a notice of the indication made by him. Article 327 – Acceptance or refusal by Plaintiffs – consequences - The plaintiff shall declare if he accepts the indication made by the defendant. If he does not accept it, the indication shall be without effect, and the time of the defence shall start from the date the defendant was served with the refusal by the plaintiff. If the plaintiff accepts the indication or does not make any declaration, service will be made on the person indicated and to whom the copy of the plaint and of the application for indication of the name shall be given. § Sole Paragraph: When the plaintiff does not accept the indication, the judge shall declare that the defendant has no locus standi if he is convinced that the Defendant is enjoying in the name of the other person. Article 328 – Consequence of the stand taken by the person named - The person named may decline the capacity attributed to him. If he does so, the indication shall equally have no effect and the period for the defence on the part of the defendant originally served will start from the date he is served notice of refusal on the part of the appointee. In such a case the status of being the possessor in the name of the other shall not come in the way of the defendant being considered the necessary party and the judgment delivered in the suit shall constitute res judicata 107 in relation to the appointed person. If the appointee does not decline the status in which he was called upon he shall be holding the position of the true owner, and the initial notice served upon the person initially sued shall be of no effect. But the latter may seek his joining in the suit as assistant and the judgment passed shall constitute res judicata against him. § Sole Paragraph: In the suit of concise nature the period shall be three days for the appointment and for declaration referred to in this article and two preceding articles. Article 329 – Indication of Defendant where act is done for another - Whatever is provided in the preceding articles is equally applicable to the case of an owner or a possessor suing someone as a consequence of the fact found to be violative of his right and of the person sued upon pleads that he did the act by order or in the name of third party. Article 330 – Nomination as Plaintiff - The defendant who has acquired a property from a third party, answerable for eviction in the respect of a thing, delivery of which is sought from him, or he had cause of action against the third party to be indemniﬁed by him for the damages which are likely to be caused in the event of a suit being decreed, may nominate the third party as a plaintiff. If he fails to make such nomination, he shall prove in the suit for damages that in the previous litigation he has made all the efforts to avoid a decree against him. Article 331 – Time limit, notice and summons - The period for initiation of incidental proceedings starts from service of summons. Once the proceedings are stayed, the plaintiff shall be notiﬁed and the person who has been indicated shall be summoned, to whom at the time of service of summons the duplicate of the application and copy of the Plaint shall be given. Article 332 – Where the nominee refuses to join as Plaintiff - The person who is summoned may declare that he does not accept the impleader. If he says so, the suit shall proceed solely against the original defendant, but the judgment delivered on the merits of the case shall be res judicata in relation to the person who was summoned, and the latter is not entitled to plead in the suit for damages, that the defendant was negligent in submitting the defence, even when the latter 108 has admitted the claim in the plaint or not reacted against the judgment passed in the court of ﬁrst instance. § 1: The defendant shall be served with the notice of the declaration by the impleader who has been called upon and time shall run against him from the date of the service of notice. § 2: The person who has been called as an impleader may intervene in the suit as assistant; if he intervenes and the defendant admits the claim, the judgment of the admission shall be notified to him and he may declare that he assumes the position of the principal party as defendant for further progress of the case. The person who has been called upon is bound to accept the case in the state as it is found at the time of the impleadment. Article 333 – Where the impleader accepts - In the event the impleader accepts the defense or does not make any declaration, the case shall proceed against him and against the original defendant. However, the judge, at the instance of the plaintiff, may declare that the impleadment is of no effect, when it is manifest that the incident has no serious ground and it is meant solely to make the position of the plaintiff in the suit more difficult. However, the defendant who has been served in the ﬁrst place may apply for his exclusion from the suit. The application may be granted, but the judgment delivered on the merits of the case shall constitute res judicata in relation to the defendant also. § Sole Paragraph: If the impleadment is declared without effect, the time for defence shall start from the date the defendant was notiﬁed of such decision. Article 334 – Nomination by the Impleader - The new defendant who has been called as impleader at the instance of original defendant may also indicate another person for similar purpose and thus successively, whatever has been provided in Article 331 upto Article 333 shall be followed. Article 335 – Nomination as Defendant - The defendant who has been sued upon may designate another person as a debtor in the following cases: (1) When the surety is sued upon, he may call upon the debtor to be party to the suit, in accordance with Article 832 of the Civil Code; (2) When there being many sureties, whoever has been sued upon ﬁrst may call upon the other 109 sureties in accordance with Article 835 of the same Code; (3) When a debtor liable jointly with others is sued, for the full debt, he may call upon other co- debtors to be joined; (4) When one of the spouses is sued for the recovery of debt contracted by him, desires the impleadment of the other spouse to seek a declaration that he or she is also liable for the payment of the debt. Article 336 – Time limit for nomination – summons - The time limit to call upon the new party starts from the date of the service of summons. Summons shall be issued to the other persons to be impleaded, without however staying the proceedings. Each of the defendant so summoned shall be handed over one copy of the plaint. Article 337 – Time for defence in cases coming under Article 335, clauses 1, 2 and 3 - In the cases provided in clause 1, 2, 3 of article 335, any of the defendants may defend till last day upto when it is lawful for the last defendant to ﬁle his defence. If the suit is decreed the court will pass the decree not only against the original defendant but also against others who remained ex-parte. Article 338 – Procedure in cases under Article 335 (4) - In the case of clause 4 of Article 335, the defendants shall file their defence in separate, each of them within the legal time counted from the date of service of summons to the respective defendant, but the spouse who has been called upon always has a right to produce his or her defence within eight days after the defence presented by the other spouses. Two duplicates shall be annexed, along with the defence, one meant for the plaintiff and the second for the other spouse. § 1: Where the defendants did not dispute the plaintiff’s right as creditor, the court shall immediately pass the order decreeing the suit against the original spouse and the suit shall proceed solely between the spouses; the original spouse shall occupy the position of plaintiff. The written statement of the defendant spouse shall be treated as plaint. Where the suit admits more than two pleadings the time period for submission of pleading shall be counted from the date of the order of the court referred to in this paragraph. § 2: If the right to the credit is contested, the ﬁle will proceed with the intervention of three interested parties, but shall be understood that there are two connected suits, being one between 110 the plaintiff and two defendants, the other between the said two defendants. The time limit for ﬁling the replication or the corresponding pleading, if available, shall start from the time ﬁxed for producing defence; and if the defendants still have a right to reply the time limit for the reply on the part of the spouse who has been called upon to the suit shall be counted from the time assigned to the other spouse. Article 339 – Consequence of these incidental proceedings on impediment, suspicion and lack of jurisdiction - The incidental proceedings referred in the present section have precedence over the incidental proceedings for impediment, suspicion and lack of jurisdiction and the following procedure shall apply: (a) Where the incidental proceedings of the joinder of the parties and have been rejected, the time to raise an incident of suspicion and of lack of jurisdiction shall start from the date when the defence of the original defendant is to be given; (b) Where the original defendant is substituted or another person called upon to join, the time limit for raising such incidental proceedings shall start from the date of service on the new defendant and the suspicion will not be founded on the facts arising as against the original defendant; (c) Where the suit is proceeding against the original defendant and those who are called upon to join, the time limit for ﬁling the above incidental proceeding shall start from last service of summons. § Sole Paragraph: The person nominated and those who are been called upon to join are not entitled to raise exception of lack of jurisdiction on the ground of their place of domicile. SUB SECTION II ASSISTANCE THROUGH INTERVENTION Article 340 – Meaning and locus standi - Whoever has juridical interest that the decision of the dispute be favourable to a party where there is a pending suit between two or more persons, may intervene in order to assist the said party. 111 Article 341 – Intervention and exclusion - The Assistant may intervene at any time, but he has to accept the proceedings in the stage they are at the time of volunteering the assistance. In the event the party opposite to the party that the Assistant is assisting, opposes the intervention, decision will be passed immediately or as soon as possible on whether the assistance is legal. Article 342 – Position of the Assistant – General powers and duties - The assistants have in the suit the position of the helpers to one of the principal parties. They enjoy the same rights and are subject to same duties available to the party who is assisted, but their activity is subordinate to that of the principal party and they are not entitled to perform any act which the original party lost the right to do, nor assume any stand which may be opposite to that of the person who is sought to be assisted. § Sole Paragraph: If the person who has been assisted is ex-parte, the assistant shall act as manager of his affairs. Article 343 – Deposition by the Assistant - It is lawful to seek statement of the assistant as a party. The court shall evaluate such statement with the full liberty giving it the merit, as it deems fit. Article 344 – Use of oral evidence - The Assistant may avail of evidence of the witnesses but only to complete the number of the witnesses permitted to the principal party. Article 345 – Assistant and admission, abandonment or compromise - Assistance does not in any way change the right of the principal party who may freely admit, withdraw or compromise the suit and in such cases the intervention will come to an end. Article 346 – Effect of Judgment on Assistant - The judgment pronounced in the suit shall be res judicata in the relation to the assistant to the effect that the latter may be bound to accept in any subsequent suit, the facts and rights which have been proved except; (1) If the Assistant alleges and proves in the subsequent suit that the stage of the proceeding at the time of his intervention or the stand of the principal party did not permit him to use the pleading or means of the evidence which might have inﬂuence in the final decision; 112 (2) Where the assistant shows that he was not aware the existence of pleadings or means of evidence which could inﬂuence the ﬁnal decision and which the assisted party did not avail intentionally or due to grave negligence. SUB SECTION III OPPOSITION Article 347 – Meaning of opposition. Till when admissible - Whenever there is a pending proceeding between two or more persons, a third party may intervene in the same as opponent in order to enforce his own interest, inconsistent with the claim of the plaintiff. Such intervention is admitted only till the time there is a date ﬁxed for hearing of the matter in the ﬁrst instance. Article 348 – Opposition by application - The opponent may ﬁle a claim by way of petition, simple or para wise, depending upon the form of proceeding and he shall immediately give the list of evidence if in the main cause there is a curative order passed. If there is no room to reject the petition in limine the petition, as provided in Article 481, notice will be issued to the parties of the main suit inviting reply within eight days. Article 349 – Rejection of opposition - After the time ﬁxed for the replies is over, the judge, either in the curative order or within ﬁve days if such curative order has been passed, shall decide whether the intervention should be admitted. The court shall not admit the opposition:

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Section 5