75.1. At any stage of proceedings, the Court, on a motion, may dismiss an action or a proceeding if the examination held pursuant to this Code shows that the action or proceeding is frivolous or clearly unfounded, on a ground other than those provided in article 165, or if the party who instituted the action or filed the proceeding refuses to have such examination.
If the proceeding dismissed under the first paragraph is a defence, the defendant is foreclosed from pleading.