State of Rajasthan v. Rao Raja Kalyan Singh, (1972) 4 SCC 165 at page 167
6. Though this issue is not very specific but undoubtedly it covers the plea taken by the respondent in para 1 of his written statement. That apart the plea of maintainability of the suit is essentially a legal plea. If the suit on the face of it is not maintainable, the fact that no specific pleas were taken or no precise issues were framed are of little consequence.
