Short answer. Yes, but only on four grounds. Under Rule 9, Section 1, the court shall dismiss a claim on its own when the record shows it has no jurisdiction over the subject matter, another action is pending between the same parties for the same cause, a prior judgment bars it, or prescription has set in.
What the law says
when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim.
Rule 9, Section 1 — Defenses and objections not pleaded. Read the full provision →
The general rule: defences must be pleaded
Litigation is adversarial by design: the court decides the objections the parties raise, and Rule 9, Section 1 opens by making that stick — Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. A defendant who sits on a defence ordinarily loses it. If the rule stopped there, no case could ever be dismissed without someone asking. The second sentence is the exception, and it is the part that lets a judge act alone. It is also a narrow one: only four grounds qualify, and nothing else.
The four grounds
The exception reads: when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim. The grounds share a common thread — the defect appears on the record itself, without the defendant needing to prove anything. And the word is shall: once one of the four appears, dismissal is not a matter of discretion.
What this means if you are the plaintiff
Before filing, check the four grounds against your own case, because no amount of silence from the other side protects a complaint that carries one of these defects. File in a court with jurisdiction over the subject matter; make sure no earlier case between the same parties over the same cause is still pending; confirm the dispute was not already decided; and count the prescriptive period for your cause of action. A defect of this kind can surface at any stage — the section allows dismissal whenever it appears from the pleadings or the evidence on record, not only at the start.
What this means if you are the defendant
Everything outside the four grounds must be raised, or it is deemed waived. So treat your answer or motion to dismiss as the one chance to put forward every other defence you have — improper venue, payment, and the rest. The four record-based grounds stand apart: they survive your silence, and the court can act on them without your prompting. But relying on the judge to notice is a poor plan; if you see one of the four in the plaintiff's own papers, raise it yourself and put it beyond doubt.