Civil Law I

Punjab Civil Service Examination 1995(II)
Judicial Branch
Civil Law Paper-I 

Time : Three Hours
Maximum Marks : 200

Attempt five question in all.  It is compulsory to attempt at least one question from each part.  Qoute relevant case Law.  All questions cary equal marks.

Part-A

Q.1.  "Whereas an appeal is a matter of right, revision is available only under certain circumstances and limitations".
Discuss with special reference to the jurisdiction of the High Court in second appeal and revision.
Q.2  (a)  What is constructive res judicata?  Explain with special reference to Case Law.
(b)  At what stage issues are framed in a civil suit?
What is the material available for framing issues?
Q.3  (i).  When can additional evidence be permitted to be produced in trial after the party has closed its evidence?
(ii)  When and under what circumstances additional evidence can be received in appeal?
Q.4.  Whether a regular second appeal lies to the High Court of Punjab and Haryana on a ground other than a substantial question of law. ?  If yes, detail the reasons thereof with reference to the case law.
Q.5  (a)  Only mention the different modes for execution of decree, prescribed under the Code of Civil Procedure 1908?
(b)  State what do you understand by 'rateable distribution'.

Part- B

Q.6  (a)  What are the essential elements of a contract?  Distinguish between void and illegal agreements.
(b)  A duly posts a letter of acceptance to B.  But the letter is lost in transit by the negligence of the post office.  What effect, if any, does this have on the formation of the contract?
Q.7.  What do you understand by "implied authority of a partner"?  Explain the effect of a restriction upon such implied authority imposed by a contract between the partners.
Q.8  (a)  All the partners of a firm are jointly and severally liable personally to third parties qua their act as partners of the firm.  Is there any exception to the above?  Explain.
(b)  What are the rights and liabilities of a person who joins as a part-ner in partnership firm already carrying on business?
Q.9.  Acceptance is to offer what a lighted match is to a train of gun-powder.  It produces something which cannot be recalled or undone.  But the powder may have lain till it has become damp or the man who has laid the train may remove if before the match is applied".  (Anson) Explain with illustrations sought to be expressed in the above passage.
Q.10.  (a)  Explain the rules pertaining to passing of property in goods.
(b)  X agreed to purchase 50 quintals of cotton from Y out of a larger stock.  X sent his man with sacks and 30 quintals of cotton were put into the sacks.  The entire stock was destroyed in a fire.  Who will bear the loss?

Part -C

Q.11  (a)  When are confessions relevant in evidence?  State the provisions of the Indian Evidence Act as to confessions.
(b)  A sues B for defamation.  B denies this.  At the trial evidence is tendered that A's wife admitted before X that B had defamed A.  Is such evidence admissible?
Q.12.  What are the specific facts required to be pleaded in a suit for performance?  Draft a plaint.
Q.13.  When and how can a party impeach the credit of:
(a)  its own witness, and
(b)  a witness produced by the opposite party.
Q.14  (a)  Critically examine whether estoppels can be pleaded by both plaintiff and defendant.  IIIustrate your answer.
(b)  Discuss the evidentiary value of (i)  Dying declaration and (ii) Retracted confession of the accused.