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ABATEMENT IN PLEADING

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Originally appearing in Volume V01, Page 7 of the 1911 Encyclopedia Britannica.
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ABATEMENT IN See also:PLEADING , or plea in abatement, was the defeating or quashing of a particular See also:action by some See also:matter of fact, such as a defect in See also:form or the See also:personal incompetency of the parties suing, pleaded by the See also:defendant. It did not involve the merits of the cause, but See also:left the right of action subsisting. In criminal proceedings a plea in abatement was at one See also:time a See also:common practice in See also:answer to an See also:indictment, and was set up for the purpose of defeating the indictment as framed, by alleging misnomer or other misdescription of the defendant. Its effect for this purpose was nullified by the Criminal See also:Law See also:Act 1826, which required the See also:court to amend according to the truth, and the Criminal See also:Procedure Act 1851, which rendered description of the defendant Unnecessary. All pleas in abatement are now abolished (R.S.C. See also:Order 21, r. 20). See PLEADING.

End of Article: ABATEMENT IN PLEADING

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