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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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See also:

ABATEMENT IN See also:PLEADING  , or plea in See also: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 See also:PLEADING .

End of Article: ABATEMENT IN PLEADING
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