Paper-I (Civil Law)

HIGH COURT OF BALOCHISTAN WRITTEN EXAMINATION FOR THE POST OF DISTRICT AND SESSIONS JUDGE (B-20) 28TH AUGUST 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: "Plaintiff (Vendee) filed a suit against defendant (Vendor) for specific performance of agreement dated 10.06.2010 wherein it was stipulated that after making payment of earnest money of Rs.2,00,000/-, possession of the purchased house has been obtained by the Vendee and the remaining balance amount of sale price of Rs.3,00,000/- will be paid by the plaintiff to the defendant on 13th July 2010 and the consequence for not making payment of the balance amount of Rs.3,00,000/- on the due date i.e. 13th July 2010 would result in forfeiture of the earnest money. The plaintiff filed suit for specific performance of the agreement dated 10.06.2010 on 05.08.2015 against defendant without paying the balance amount of Rs.3,00,000/- to the defendant, without depositing the same in Court and without explaining the exception from limitation. The defendant contested the suit with the contention that he has not received the balance amount of Rs.3,00,000/- on the due date and time was the essence of the contract." (20 Marks) Q.No. 2 Write a note on the following: (i) Precepts (ii) Set off and its effect (iii) Attachment before judgment (iv) Review (v) Proper party and necessary party (10 Marks) Q.No. 3 What is meant by: "Res Judicata" and "Res Subjudice" and which provisions of law are applicable thereto. (10 Marks) Q.No. 4 Explain the remedy and forum for an aggrieved person against a decree obtained by Fraud and mis-representation. (10 Marks) Q.No. 5 Describe Order, Judgment, Decree and its essentials. (10 Marks) Q.No. 6 Discuss in detail the Appellate and Revisional Jurisdiction under Civil Procedure Code and powers of the Appellate and Revisional Courts. (10 Marks) Q.No. 7 Explain the grounds for exemption from Limitation for the following: (i) Suit filed beyond prescribed period of limitation (ii) Appeal filed beyond prescribed period of limitation (iii) Approaching wrong forum for redressal of grievance. (iv) Absence of defendant from Pakistan. (10 Marks) Q.No. 8 Under what circumstances, a husband shall immediately pay the entire amount of dower, whether prompt or deferred, due to the existing wife or wives? (10 Marks) Q.No. 9 Explain the following with reference to Qanoon-Shahadat Order 1984: (i) Marginal witnesses (ii) Presumption and its types. (10 Marks)