Questione giuridica chiave
Whether the district judge had to transmit the appeal to the competent authority after finding itself incompetent
Decisione estratta
Yes. After declaring itself materially incompetent, the judge had to forward the file and could not decide the merits.
Motivazione estratta
Art. 135(2) CPC/VS expresses a general principle preventing prejudice to a litigant who addressed the wrong authority; refusing transmission and ruling on the merits was arbitrary.