Paper-II: Civil Law-II

LAHORE HIGH COURT, LAHORE CIVIL JUDGES CUM JUDICIAL MAGISTRATES COMPETITIVE EXAMINATION, 2022 PAPER-II: CIVIL LAW-II TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 NOTE: (i) Attempt ONE question from each part. (ii) All questions carry equal marks. PART-I Q.No.1. An appeal from a judgement, decree or final order of a High Court lies to the Supreme Court of Pakistan subject to certain conditions prescribed under section 109 of the Code of Civil Procedure, 1908. a. For the purpose of above-mentioned provision, what is the test to determine whether an order is a final order? b. Elucidate upon, in which eventuality appeal lies and in which same does not lie to the Honorable Supreme Court of Pakistan? Q.No.2. Discuss the following legal terms as defined by the Code of Civil Procedure, 1908: a. Written statement and set off b. Subsequent pleadings c. Alternate Dispute Resolution d. "Special circumstances" and "sufficient cause" in order XXXVII rule IV and order IX rule XIII CPC. e. Temporary injunction PART-II Q.No.3. Under section 7 of the Court Fees Act, 1870, how the court fee is to be calculated for the following suits: a. In suits for Money (including suits for damages or compensation, or arrears of maintenance of annuities or of other sums payable periodically); b. In suit for Moveable Property; when the subject property has a market value and no market value; c. In suit seeking enforcement of a right of pre-emption; d. In suit seeking specific performance of a contract of sale, mortgage, contract of lease, and of an award; e. In suit to set aside an attachment of land or of an interest in land or revenue; Q.No.4. Write short notes on the following: a. What is meant by levy of court fee in terms of Ad valorem, on cost, and on mesne profit? b. Whether and when, a plaint can be rejected on account of deficiency in the payment of court fees? c. Define the term "multifarious suit" and explain the procedure/mechanism prescribed under the law for levying/calculating of the court fee in a multifarious suit? PART-III Q.No.5. The Specific Relief Act, 1877 provides for two (2) subtle distinctive remedies; one in form of suit for cancellation of a document, and second in form of a suit for declaration of a document by virtue of its sections 39 and 42. The apex court while rendering judgements on this aspect has numerously held that the crucial feature in terms of opting for any of these remedies essentially is to determine that whether the document in question is void or voidable. Please discuss the meaning, object, purpose and legislative intent behind promulgating sections 39 and 42 in Specific Relief Act, 1877 along with the case laws. Q.No.6. Discuss all instances/grounds for refusal of injunction given in section 56 of the Specific Relief Act, 1877. PART-IV Q.No.7. Discuss in detail the procedure provided under the Punjab Land Revenue Act, 1967 with respect to the partition of land in following terms: a. When and who is competent to apply to the concerned revenue officer for partition of land and what is the procedure to be adopted by the concerned Revenue Officer on the receipt of the application for partition? b. What are the restrictions and limits in terms of partition of land imposed under the Act? c. How an application for partition is to be disposed of when question to the title of such property as well as the mode of partition are raised? d. What is the procedure prescribed under the Act with respect to the delivery of possession of property allotted in proceedings for partition? Q.No.8. Define the following terms: a. Assessment circle b. Boundary mark c. Encumbrance d. Net assets e. Rates and cesses PART-V Q.No.9. Explain and discuss the procedure prescribed under the West Pakistan Land Revenue Rules, 1968 for the appointment of Headman, the essentials to be considered by the appointing authority while making the said appointment and the grounds on the basis of which Headman shall be removed/dismissed from such post. Q.No.10. Discuss in detail the duties of a Headman.