Principle

CIVIL PROCEDURE — Pleadings — Illegality — Specific Pleading Required for Allegation of Illegality

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Illegality must be specifically pleaded to avoid surprise to the opposite party. The court should not decide unpleaded illegality where facts suggest legality. The principle applies to civil procedure. The rule prevents ambush and ensures fair notice. A party cannot raise illegality for the first…

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