Law of Civil Procedure

1.A motion for lack of jurisdiction; type or value of the suit; dismissal of the suit for lack of capacity, interest or any other ground; or if the suit has been previously decided, shall be admissible at any stage of the hearing and shall be decided by the court on its own motion. 2.If the court determines that a motion for dismissal of the case for lack of defendant's capacity is justifiable, it shall postpone the case in order to notify the person with proper capacity.