Civil I

Himachal Pradesh Judicial Services (Junior Division)
Main Examination – 2012
CIVIL LAW  -  I
Time : 03 hours                                                                                                                                                                                                                                                        Maximum Marks  : 200

Note:  Part – A is compulsory and answer three questions from Part – B.  Give reasons for your answers supported by relevant statutory provisions.  Cite case law wherever it is desirable.  Write all parts of a question at one place in continuity.
PART  -  A
Q.  1  'A'  mortgaged his house to 'B' for the debt of rupees five lakh on 1st January, 2011.  'A' and 'C' made registered agreement on 1st November 2011 by which 'A' agreed to sell his mortgaged house within six months to 'C' for rupees thirty lakh.  It was also agreed in the agreement that at the time of sale, the amount received from the sale price of house, the mortgaged money will be paid to 'B' by 'A'.
Afterwards the date of 25th April, 2012 was fixed for the registration of sale of house.  But the sale could not take place on that date.
Now 'C' files a suit against 'A' for the completion of sale of house.  In that suit 'A' asserts that 'C' is not ready and willing to perform to complete the sale.
(a)     Draft a plaint on behalf of 'C'.
(b)    Draft a written statement on behalf of 'A'
(c)    Write judgement deciding the suit.
Q.  2(a)  "If exculpatory part of the statement of the accused is not accepted then the inculpatory part of the statement of the accused should also be rejected."  Elaborate with the court decisions.
(b)  What do your mean by circumstantial evidence  ?  In a case where there is no direct evidence and the decision has to rest on circumstantial evidence.  what are the conditions necessary to satisfy for such evidence  ?
PART  -  B
Q.  3(a)  What are the elements must be in a decision of a court to constitute it to be a decree?
(b)  Explain the rule of resjudicata in case of foreign judgement.
(c)  'X' files a suit against 'Y' to recover possession of a house.  'X' values his claim in the plaint as Rs. 8,000/-.  The suit is filed in the Court 'A' which has jurisdiction to try the suits of value upto Rs. 10,000/-.  The market value of the house is Rs. 12,000/- but 'Y' does not object to the jurisdiction of the Court.  The decree is passed in favour of 'X'.  In appellate court, whether 'Y' could take the objection about the pecuniary jurisdiction of the Court 'A'.
(d)  "Explain the meaning of 'precept'.  What is object of it?
Q.  4(a)  Explain the meaning and object of interpleader suit.  What are the conditions necessary for the institution of interpleader suit  ?
(b)  Explain the general principles regarding second appeal under the Code of Civil Procedure.  What is difference between the second appeal and revision  ?
(c)  'A' sued 'B' to recover certain property granted to him by 'X' under a deed and alleged that he is the adopted son of 'X'.   While deciding the case the court held that 'A' is entitled to the property under the deed.  While deciding the case, the court also held that 'A' is not the adopted son of 'X'.  Whether the decision will operate as resjudicata in a subsequent suit between 'A'&'B' on the matter whether 'A' is a adopted son of 'X'?
(d)  Explain the maxim "actus curiae neminem gravabit."
Q.  5(a)  Explain the working of subordinate civil courts under the Himachal Pradesh Court Act, 1976.
(b)  Explain the 'adjudication as to stamps' under the Indian Stamp Act, 1899.
(c)  What are the rights of a purchaser of immovable property against person having no title or imperfect title, under the Specific Relief Act, 1963?
(d)  When an injunction can not be granted under the Specific Relief Act, 1963?
Q.  6(a)  "Evidence excluded by the Indian Evidence Act, is inadmissible even if it seems essential for ascertainment of truth", Explain.
(b)  'X', is an accused of theft of some jewellery.  During investigation he made the statement to the police officer in police custody that he concealed the jewellery in the store room of his house.  On a search the jewellery was not recovered from there.  Then he made the statement in police-custody that his wife may placed the jewellery somewhere else.  Afterwards the jewellery was recovered on the basis of the information provided by his wife.  whether the statements of 'X' are admissible under Section 27 of the Indian Evidence Act  ?
(c)  Explain estoppels by silence.  What is difference between estoppels and presumption  ?
(d)  What are the condition necessary for the presumption as to abatement to suicide by a married woman under the Indian Evidence Act ?
Q.  7(a)  What is evidential value of the previous statement of an accomplice  ?
(b)  Explain the relevancy of identification parades' under the Indian Evidence Act.
(c)  'A' prosecutes 'B' for stealing a cow from him.  'B' is convicted Afterwards 'A' sues 'C' for the cow which 'B' had sold to 'C' before conviction.  As between 'A' and 'C' whether the previous judgement against 'B' is relevant  ?
(d)  'Hearsay evidence should not be admitted', Explain with exceptions.
Q.  8(a)  'a' commits suicide.  Before his death 'A' gave the statement which were the cause of his suicide.  Whether the statement is admissible under Section 32 of the Indian Evidence Act.
(b)  What are the elements to be proved to establish conspiracy under the Indian Evidence Act?
(c)  'A' sues 'B' 'C' on a promissory note.  'B' is the principal debtor and 'C' is the surety.  An exparte decree is passed against both 'B' and 'C'.  'B' alone applies to set aside the decree and shows sufficient cause for his absence.  Whether the court may set it aside the decree against 'C' also  ?
(d)  Explain the provisions regarding 'compromise of suit' under the Code of Civil Procedure.