The defendant must raise by his pleading all matters which show the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality.
THE FIRST SCHEDULE · ORDER VIII Written statement, set-off and counter-claim
Order VIII Rule 2: New facts must be specially pleaded
The Code of Civil Procedure, 1908
Questions on this rule
1 question in 5 of our papers cite Order VIII Rule 2. Try these from the free papers:
1. Under Order VIII Rule 3 of the Code of Civil Procedure, 1908, a defendant must deal specifically with each allegation of fact in the plaint of which he does not admit the truth. The rule makes an exception for allegations relating to: