Pre-trial conferenceAmendment of pleaSpecial pleaPrescription
Tags
ContractDebtPrescriptionAmendment of Pleadings
legislation
Statutes Cited
Prescription Act
High Court Rules, 1971
High Court Rules, 1971
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicant should be allowed to amend its plea to include a special plea of prescription","issue_type":"procedural","dispositive":"yes","related_facts":"Discovery of prescription at pre-trial conference, respondent's opposition"}
{"issue_text":"Whether prescription can be raised at this stage of proceedings","issue_type":"law","dispositive":"no","related_facts":"Section 20 of Prescription Act allows prescription at any stage"}
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background
Facts of the Case
Background
The applicant sought to amend its plea to include a special plea of prescription that was discovered during a pre-trial conference. The respondent opposed the amendment, arguing that prescription should have been raised earlier and that the real issue was whether payment was made for services rendered.
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