Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
abatement
,The act of eliminating or nullifying <abatement of a nuisance> <abatement of a writ>. 2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim <the defendant sought abatement of the suit because of misnomer>. See pleat in abatement under PLEA."Although the term abatement is sometimes used loosely as a substitute for stay of proceedings, the two may be distinguished on several grounds. For example, when grounds for abatement of an action exist, the abatement of the action is a matter of right, but a stay is granted in the court's discretion. And in proper circumstances a court may stay a proceeding pending the outcome of another proceeding although a strict plea in abatement could not be sustained." 1 Am. Jur. 2d Abatement, Survival, and Revival ยง 3 (1994).3. The act of lessening or moderating; diminution in amount or degree < abatement of the debt>. 4. The reduction of a legacy, general or specific, as a result of the estate's being insufficient to pay all debts and legacies <the abate-ment of legacies resulted from the estate's insolvency>. 5. Archaic. The act of thrusting oneself tortiously into real estate after the owner dies and before the legal heir enters <abatement of freehold>. - Also termed (in sense 5) abatamentum. - abate, vb. - abatable, adj.
abatement clause.
A lease provision that releases the tenant from the rent obligation when an act of God precludes occupancy.
plea in abatement
A plea that objects to the place, time, or method of asserting the plaintiffs claim but does not dispute the claim's merits. ( A defendant who successfully asserts a plea in abatement leaves the claim open for continuation in the current action or reassertion in a later action if the defect is cured.