Civil Law - I

KHYBER PAKHTUNKHWA PUBLIC SERVICE COMMISSION WRITTEN EXAMINATION FOR THE POSTS OF CIVIL JUDGE-CUM-JUDICIAL MAGISTRATE/ ALAQA QAZI BPS-18 (2026) CIVIL LAW - I Time Allowed: 03 Hours Total Marks: 100 Note: - Attempt FIVE questions, selecting TWO questions from Part-I and ONE question each from Part-II, Part-III & Part-IV. All questions carry equal marks. Part-I (Code of Civil Procedure) Q.No.1 What do you mean by interpleader suit? How and where it should be instituted? Explain in detail its rules in the light of different provisions of CPC, 1908. (20) Q.No.2 What is the difference between 'return of plaint' and 'rejection of plaint'? On what grounds court proceeds in both cases? Elaborate. (20) Q.No.3 "No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as, regards the rights and interests of the parties actually before it". Explain how does CPC, 1908 deal with different situations as to misjoinder, non-joinder, striking out and, proper and necessary parties to a suit? (20) Q.No.4 Differentiate between a civil court's power of 'review' under section 114 CPC, 1908 from the powers of a civil court to 'amend judgments, decrees and orders' under section 152 CPC, 1908. (20) Part-II (Civil Court Ordinance) Q.No.5 What are different types of jurisdictions of civil courts and how these are exercised? (20) Q.No.6 Explain briefly the concept and forums of different civil appeals as provided in Civil Courts Ordinance, 1962. (20) Part-III (Contract Act) Q.No.7 'The intentions of the contracting parties are the main factors in deciding on the relative importance of contractual terms.' Discuss whether this is, in fact, the approach currently taken by the courts. (20) Q.No.8 Discuss the provisions of law regarding agreements by minors and agreements by persons of unsound mind and their legal effects on the transactions. (20) Part-IV (Sales of Goods Act) Q.No.9 Explain in detail the principle and exceptions to the 'Nemo Dat Quod Non Habet' rule, by quoting relevant law from the Sale of Goods Act, 1930. (20) Q.No.10 How does the Sale of Goods Act, 1930 define 'delivery'? What are its types and different rules? (20)