Abstract

The presented analysis indicates that exclusively direct (i.e. done by the claimant) delivery of the claimant’s pleading extending their claim in civil proceedings does not entitle the court to adjudicate on the merits with respect to the extension of the claim. Such adjudication is in violation of Art. 321 § 1 of the Code of Civil Procedure. The aforesaid conclusion is based on the following: 1) direct delivery alone does not produce any procedural effects; 2) only delivery by the court results in the lis pendens state; 3) the distinction between filing of the extension of claim to the court by the claimant and its delivery by the court to the defendant does not in itself result in admissibility of adjudication with respect to the extended claim; the consequences of such admissibility need to be considered. Lastly, against the prevaling view, the defendant’s defence on the merits does not cause the the litigation to be pending.