Article 82 — New fact

The plaintiff or defendant, as the case may be. shall raise by his pleading all matters which show the action or counter-clatm not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply. as the case may be, as if not raised would be likely to ~ the opposite party by surprise or would raise issues of fact not arising out of the ~ing pleadings.