Question juridique clé
Whether new factual allegations and evidence of alleged payment could be considered on appeal in summary debt-enforcement proceedings.
Solution extraite
No. The debtor's new allegation that the bill had been paid and the newly filed receipt were inadmissible on appeal.
Motifs extraits
Under Art. 326(1) CPC, new facts and new evidence are excluded in appeal proceedings, even if the new evidence is meant to prove payment; the appeal court therefore did not examine the objection in substance.