Questão jurídica principal
Whether the district judge had to transmit the appeal to the competent authority after finding itself incompetent
Decisão extraída
Yes. After declaring itself materially incompetent, the judge had to forward the file and could not decide the merits.
Fundamentação extraída
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.