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Structural division: BOOK IV › party › CHAPTER 2
Article 245 — Decision on objection
Civil Procedure Code (English)
Article text
(1) The court shall decide any objection taken under Art. 244 after hearing the opposite party and ordering the production of such evidence as may be necessary for the decision to be made.
(2) Where the court is satisfied that the objection is well-founded, it shall, in the case of an objection under Art. 244
(1)
(b) or (t), dismiss the suit and, in other cases, strike out the suit and/or make such other order as it thinks fit.
(3) The striking out of the suit shall not of its own force preclude the institution of a fresh suit with respect to the same cause of action and the court shall, in appropriate cases, inform the plain- tiff that he may sue in the court having jurisdiction or in the court in which the previously instituted suit is pending.
(4) Where a suit is dismissed on the ground of want of jurisdictiOl., the prescribed portion of the court fee paid on the filing of the statement of claim chall be refunded.
(5) Any decision taken under this Article shall be recorded together with the reasons for such decision.