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Which of the following are special facts to be pleaded in the pleading?
all matters which show the suit not to be maintainable
that the transaction is either void or voidable in point of law
other grounds of defence which would raise issues of fact not arising out of the plaint
All of the above
Order 8 R 2 –
ORDER VIII Written Statement, Set-off and Counter-Claim
2. New facts must be specially pleaded.—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.
By: Parvesh Mehta ProfileResourcesReport error
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