New facts must be specially pleaded
Written statement, set-off and counter-claim, in the First Schedule to The Code of Civil Procedure, 1908
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.
How this Rule is cited
It is written both ways, and both mean this Rule: Order VIII Rule 2 CPC and Order 8 Rule 2 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 8 Rule 2 CPC, Order VIII Rule 2 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.