Paper-I (Civil Law)

EXAMINATION, 2024 FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES-CUM-JUDICIAL MAGISTRATES (BPS-18) Subject: Paper-I (CIVIL LAW) Time Allowed: 03 Hours Maximum Marks: 100 NOTE: (i) Question Nos. 1 & 2 are compulsory. (ii) Attempt any seven questions from question Nos. 3 to 12. Q.No.1. JUDGEMENT WRITING Write a judgment after apprehending the following facts: "A has filed a suit against B on basis of agreement to sale executed between them over a shop with full consideration amount at Rs. Two (2) million. Half of the amount has been paid and the remaining amount has been agreed to be paid after six months. It has also been stipulated in the agreement that prior to passing of 6 months period, the possession has to be handed over. The plaintiff A is seeking declaration to be valid, specific performance of agreement of sale as per stipulations and possession of the shop." (Marks 20) Q.No.2. Part-A Mark True or false in the following. i. Institution of Further suit is not barred in Section 12 of CPC. ii. Suit to include the whole claim is a concept ordained in Order II Rule 2 CPC. iii. The court in Pakistan shall presume a foreign judgment to be passed by a court of competent jurisdiction. iv. A decree obtained based on fraud, misrepresentation or want of jurisdiction is not supposed to approach the same court for its invalidation. v. Section 24A CPC empowers a district court to transfer and withdraw a suit, appeal or other proceedings from one court to another in subordination to it. vi. General Costs are awarded to a party by a court in accordance with section 35A CPC. vii. The concept of precepts has been defined in the section 46 CPC. viii. In execution of a decree for the restitution of conjugal rights a woman can be arrested. ix. A suit against the government may be instituted after the expiration of two months after delivering a notice in writing. x. A member of a legislative body is not exempted from arrest under a civil process according to section 135A CPC. Part-B Select the correct option. i) Taking possession of certain property and delivering it back to a claimant and ordering a party to do the very act that he is under obligation to do is. a) Specific Relief. b) General Relief. c) None of the above. ii) Appointment of Receiver is made: a) As per section 44 Specific Relief Act. b) Order XL CPC. c) None of the above. d) both of the above. iii) An interim temporary Order is to be passed under:- a) Section 53 of Specific Relief Act. b) Order XXXIX of CPC. c) Both of the above. d) None of the above. iv) In a civil process a Judge/ Magistrate or other Judicial Officer shall not be liable to arrest: a) While going to preside over a court. b) Returning from his/her court. c) Both of the above. d) None of the above. v) Particulars of a plaint have been elaborated in order: a) VI CPC. b) VII CPC. c) VIII CPC. d) None of the above. vi) When parties are not at issue on the first hearing on any question of law or a fact: a) Judgment is pronounced. b) Directions for replica are passed. c) None of the above. vii) All questions arising between the parties to a decree relating to the execution, discharge or satisfaction of a decree, shall be determined by a. The Court executing the decree. b. By a separate suit. c. By filing an appeal. d. None of the above. viii) Preferring an appeal from the decree or order shall a. Operates as a stay of proceedings under a decree or order. b. Does not operate as a stay of proceedings under a decree or order. c. As executing court deems fit. d. None of above. ix) Where any period is granted by the Court for the doing of any act the Court may, in its discretion enlarge such period a. Even if the original period fixed has expired. b. If the original period has not expired. c. None of the above. x) Where the defendant is a soldier, sailor or airman the courts shall send the summons for service to his. a) Father. b) Mother. c) Commanding officer. d) None of the above. (Marks 10) Q.No.3. Write an imaginary stay order in a suit for injunction based on mutation entry in favor of plaintiff while explaining the three ingredients of stay. (Marks 10) Q.No.4. Identify the key elements of judgment as per Order XX CPC. (Marks 10) Q.No.5. Define and differentiate the followings. i. Who may testify as a competent witness? ii. Explain the presumption attached to a 30-year-old document. iii. Difference between primary and secondary evidence. iv. Admission. v. Presumption provided under Article 129(g) of Qanoon-e-Shahadat Order 1984. (Marks 10) Q.No.6. Write down a detailed note (procedure and proceedings) on dissolution of marriage on basis of Khula. (Marks 10) Q.No.7. Explain the following. i. Examination-in-chief. ii. Cross-examination . iii. Re-examination and re-cross-examination. vi. Leading Question. v. Difference between public and private document. (Marks 10) Q.No.8. What are the grounds for setting aside an Arbitration Award? OR, Explain powers of an Arbitrator appointed under Arbitration Act 1940. (Marks 10) Q.No.9. Under what circumstances period of limitation can be extended in terms of Section 5 & 14 of the limitation Act 1908? (Marks 10) Q.No.10. Elaborate in detail, what contract(s) is/are not specifically enforceable? (Marks 10) Q.No.11. Write a short note. i) Cause of action. ii) Preliminary Decree. iii) Guardian-ad-litem. iv) Inherent Powers of Civil Court. v) Presumptions of law. (Marks 10) Q.No.12. Answer precisely. i) Further and better statement. ii) Arrest and attachment before judgement with a single condition under relevant order of CPC. iii) Difference between S.10 and S.11 CPC 1908. iv) Conceptualize the term "set off". v) Alternative mode of service of summons. OR Define the following. i) Conjugal Rights. ii) Estoppel. iii) Legal Character. (Marks 10)