Article 134 of Code of Civil Procedure

Only the person who lodges a challenge shall benefit from it, and it may be invoked only against the person against whom it is lodged. However, if the judgment is rendered on an indivisible subject matter, on a joint and several obligation, or in an action in which the law requires specified persons to be joined, a judgment debtor who has missed the time limit for challenge or has accepted the judgment may challenge it during consideration of the challenge lodged within the time limit by one of his fellow judgment debtors, joining him in his claims. If he does not do so, the court shall order the challenger to join him in the challenge. If the challenge is lodged against one of the judgment creditors within the time limit, the others must be joined even after its expiry in respect of them. If the challenge lodged by one of the judgment debtors or against one of the judgment creditors is held void, the challenge shall be void in respect of all. If a challenge to the judgment rendered in the original action is lodged within the time limit by the guarantor or the party seeking the guarantee, and their defence therein was the same, whichever of them has missed the time limit or accepted the judgment may challenge it, joining his fellow party. If a challenge is lodged against either of them within the time limit, the other may be joined even after its expiry in respect of him. Article 135 (1) The challenger or the respondent to the challenge may, after the judgment on the challenge has been rendered, request the competent court to award him compensation if the person bringing the challenge or the manner of pursuing it was intended to cause vexation. (1) Amended pursuant to Law No. 26 of 2015 Law Index 630 Home Page Law of Procedure Decree-Law No. 38 of 1980 Promulgating the Law of Civil and Commercial Procedure Article 135 bis (1) If the challenged judgment is set aside for being void, and this nullity is attributable to a reason connected with service of the originating statement of claim, the court shall, together with declaring nullity, order the action returned to the court of first instance for consideration after notifying the parties, provided that the lodging of the challenge shall be deemed service of the claims presented therein. Article 136 (2) A decision of the Minister of Justice shall specify the procedures governing the request for the file of the action in which the challenged judgment was rendered and its transmission to the court or circuit considering the challenge, the time limits for the various actions, the procedures for establishing the challenger’s knowledge of the hearing date, the time limit to be observed by the registry in fixing the hearing and that to be observed by the process server in serving the statement of challenge, and the procedures for delivery of its statement from the registry to the challenger, delivery of documents and memoranda to the registry, and recovery of documents from the file. The decision shall specify the disciplinary sanctions and penalties imposed on anyone who violates the aforementioned procedures and time limits, provided that the penalty does not exceed a fine of two hundred dinars. Chapter Two Appeal Article 137 (3) An appeal shall be brought by a statement deposited with the registry of the court to which the appeal is brought, in accordance with the procedures prescribed for bringing an action, and the time limit stipulated in Article (49) shall be thirty days. The statement must contain an identification of the judgment appealed against, the grounds of appeal and the claims; otherwise it shall be void. Upon submitting the appeal, the appellant must deposit, by way of security, fifty dinars if the judgment appealed against was rendered by a summary court and one hundred dinars if it was rendered by the Court of First Instance. The registry shall not accept the statement of appeal unless it is accompanied by proof of deposit of the security. A single security deposit shall suffice where there are multiple appellants if they bring their appeal in a single statement, even if the grounds of challenge differ. The Government shall be exempt from depositing this security, as shall persons exempt from judicial fees. The security shall be forfeited by operation of law whenever the appeal is held inadmissible, impermissible, lapsed or void.