Paper-I (Civil Law)

HIGH COURT OF BALOCHISTAN WRITTEN TEST FOR THE POST OF JUDICIAL MAGISTRATE / CIVIL JUDGE (BPS-18) 3 SEP 2021 PAPER-I (CIVIL LAW) TIME ALLOWED: 03: HOURS TOTAL MARKS: (100) NOTE: Attempt All Questions: Q.No.1 Write a judgment in the following case: "The plaintiff claimed declaration on the basis of Easement Right against the defendant on the ground that he is entitled to right of way over the land of defendant with the contention that he is enjoying the said right for long. The defendant has contested the suit/claim of the plaintiff. The plaintiff has proved through evidence that he is enjoying the said right for the last ten years." (10 Marks) Q.No.2 Define the following: (i) Section 12(1) Civil Procedure Code (ii) Substituted service (iii) Withdrawal of suit (iv) Representative suit (v) Next friend and Guardian Ad litem (10 Marks) Q.No.3 Explain the consequences of omission to sue or intentional relinquishment of any portion of his claim by the plaintiff. (10 Marks) Q.No.4 Write a note on the following: 1) Powers of Executing Court 2) Transfer of Decree 3) Amendment of Judgment, Decree or Order 4) Amendment of pleadings (10 Marks) Q.No.5 Explain Estoppel, its concept, kinds and essentials. (10 Marks) Q.No.6 a). When opinion of a third person is relevant in evidence? Explain. (05 Marks) b). Explain acceptance or denial of claim on oath. (05 Marks) Q.No.7 Describe the period of limitation for the following: (i) Application for setting aside an ex-parte order (ii) Execution application (iii) Application for restoration of suit dismissed in default (iv) For filing an Arbitration Award in Court (v) Application under section 12 (2) Civil Procedure Code (10 Marks) Q.No.8 Explain section 13 (6) of the Balochistan Urban Rent Restriction Ordinance, 1959. (05 Marks) In which cases the Controller can summarily reject an eviction application? Explain. (05 Marks) Q.No.9 a). Explain the right of preemption. (05 Marks) What are the prerequisites to exercise/assert the right of preemption? (05 Marks) Q.No.10 On what grounds a wife can claim dissolution of marriage without returning dower amount? (10 Marks)