Paper-I

HIGH COURT OF BALOCHISTAN PAPER-I FOR THE POST OF DISTRICT & SESSIONS JUDGE (B-21) 4TH AUGUST 2023 Time allowed: 03 (Three) Hours Total Marks: 100 NOTE: Attempt 09 (nine) questions in all. Question No.01 is compulsory. Q.No. 1 Frame issues and write judgment: (20 Marks) On 05.01.2023, plaintiff instituted a civil suit under Order XXXVII Rule 2 Civil Procedure Code ('CPC') 1908 for recovery of Rs.5,00,000/- against defendant on the basis of a promissory note dated 14.10.2017. The defendant filed an application for leave to defend the suit by denying the liability of Rs.5,00,000/- and execution of the promissory note. The defendant also raised objection that the suit is barred by limitation. The Court granted leave to defend the suit. Plaintiff did not produce two marginal/attesting witnesses of the promissory note and he produced two oral witnesses who supported the claim of the plaintiff. Defendant did not produce any evidence and only recorded his statement on oath denying the claim of plaintiff as well as execution of promissory note. Q.No. 2 Under which provisions of CPC and under what circumstances an Appellate Court can remand a matter to the trial Court? (10 Marks) Q.No. 3 (10 Marks) a) Explain as to which orders are appealable under CPC. (05 marks) b) When does a second appeal or revision lie under CPC? (05 marks) Q.No. 4 What is cross objection? How and when it can be filed? (10 Marks) Q.No. 5 Elaborate difference between the suits filed under section 8 & 9 of the Specific Relief Act, 1877. (10 Marks) Q.No. 6 Explain section 3, 5, 13 & 14 of the Limitation Act, 1908. (10 Marks) Q.No. 7 Explain the effect of acknowledgement in writing under Limitation Act 1908. (10 Marks) Q.No. 8 What are the conditions precedent for permission to produce secondary evidence under clauses (a) & (c) of Article 76 of Qanun-e-Shahadat Order 1984? (10 Marks) Q.No. 9 Define the following under Qanun-e-Shahadat Order 1984: (10 Marks) a) Estoppel (2.5 marks) b) Document (2.5 marks) c) Proof of electronic signature and electronic document (2.5 marks) d) Admission (2.5 marks) Q.No. 10 In what circumstances in the suit for maintenance filed under the provisions of West Pakistan Family Courts Act 1964, a Family Court shall strike off the defense of a defendant and shall decree the suit against him? (10 Marks) Q.No. 11 Explain the following under the Balochistan Land Revenue Act, 1967: (10 Marks) a) Demarcation (05 marks) b) Revisional jurisdiction (05 marks) Q.No. 12 Discuss in detail Arbitration with and without intervention of the Court under the Arbitration Act 1940. (10 Marks)