Whether defence of forgery can be considered by court if there is no pleading in that respect?

Ordinarily, the burden to prove forgery is on the party
alleging forgery in view of provision of Section 102 of Evidence Act
(illustration – b). In suit for specific performance of Contract, when
there is no specific pleading about forgery, such defence need not be
considered by the Court (Order 6 Rule 4 of CPC). 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
SECOND APPEAL NO. 132 OF 2015
 Shakuntala W/o Yeshwant Bhujange, V Chandrakant S/o Hiraman Bhujange,
 CORAM : T. V. NALAWADE, J.
 DATE : 30TH SEPTEMBER, 2015.
Citation; 2016(2) ALLMR342

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