Civil Law I

Himachal Civil Services Judicial
Examination, 1994
Civil Law Paper I
Time Allowed : Three Hours                                                                                                                                                                                                                                       Maximum Marks : 200

Note : Question No. 1 is compulsory.  Answer any other four questions.  All questions carry equal marks.

Q. 1(a).  Explain and illustrate the rules relating to joinder of plaintiffs and defendants.
University A and University B jointly filed a suit for injunction to restrain the defendant X from publishing banks having the title "The A and B University Publications.  The Defendant X challenged the right of the plaintiffs to sue jointly.  Discuss the legal position.
(b)  Can an objection on the ground of misjoinder of parties be raised for the first time in appeal ? Will the court entertain it ?
Q.2.  (a)  Discuss the principle of "constructive res judicata".
A files a suit against B for recovery of a house on the ground of a will in his favour by the original owner,  M.  A previous suit against the same defendant filed by A on the ground of A being an heir of M had already failed.  How would you decide the present suit ? Give reasons for your answer.  (1994 H.P.)
(b)  What are the modes of execution of the following decrees :
(i)  A decree for the payment of money.
(ii)  A decree for the restitution of conjugal rights.
Q.3(a).  What are Quasi-Contracts ? Explain and illustrate.
A undertakes to write an encyclopaedia in six volumes, each volume dealing with a distinct subject.  After completing three volumes, A becomes blind.  Can A get payment for the work done.  Discuss.
(b)  C makes a contract to compensate B up to Rs. Ten lacs if the ship of B is damaged due to bad weather during voyage from Bombay to New York.  Is it a contract of indemnity ? Discuss.
Q.4.  Disucss fully the rights of an unpaid seller.
(a)  to stop the goods in transit and
(b)  to re-sell the goods in his possession.
Give illustrations.
Q.5.  What is meant by the term "burden of proof" ? How is it different in civil and criminal cases ?
A sues B for money on a pronote.  The execution of pronote is admitted but B says that it was obtained by fraud which A denies.  On whom will the burden of proof lie ?
Q.6.  What are privileged communications ? A, a client says to B, a lawyer "I wish to obtain the possession of the property by the use of this forged deed on which I request you to sue".  Is this communication protected from disclosure ?
Q.7.(a)  Explain the implied authority of a partner and restrictions, if any on it ?
(b)  How far is a firm bound by acts of a partner ? Does the authority of a partner to bind the firm continues even after the dissolution of the firm ?
Q.8  (a)  Explain the persons in whose favour specific performance of contract cannot be enforced.
(b)  When does the court grant perpetual injunction in a civil suit ?
Q.9  Write short note on any two of the following :
(a)  Appeals under the Himachal Pradesh Courts Act, 1976.
(b)  Confessions under the police Custody.
(c)  Execution court cannot go behind the decree.
(d)  Discharge of surety.