Paper-I: Civil Law-I (Spring 2024)

LAHORE HIGH COURT, LAHORE CIVIL JUDGES-CUM-MAGISTRATES COMPETITIVE EXAMINATION, 2024 (Spring) PAPER - I: CIVIL LAW-I TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 Instructions: Attempt any FIVE questions. All questions carry equal marks. Q.1. What is the limitation provided in the Limitation Act 1908 to redeem or to recover possession of immovable property mortgaged? And explain the circumstances where period of limitation would extend for an action for redemption and recovery of possession? Q.2. (a) Explain with illustrations the legal disabilities discussed in section 6 of the Limitation Act 1908 ("Act") and exceptions thereto provided in section 8 of the Act. (b) And in context of the aforesaid provisions address following proposition and give reasons to support the answer: "A was dispossessed on 24th February 2010, who attains majority on 23rd February 2013. Limitation otherwise available under the law for bringing action was 12 years, from the accrual of the cause of action. Whether the Suit instituted on 22nd February 2024 is within limitation." Q.3. A offers sale of house to B through text message on B's WHATSAPP. B responds by sending message of acceptance of the proposal on A's WHATSAPP and indicates therein that payment of earnest money is being made through cheque. And cheque was despatched separately at the known address of A. A calls B and revokes the offer of sale. Whether any binding contract came into force or not. Discuss aforesaid scenario in context of interplay of sections 4, 5 and 6 of the Contract Act, 1872. Q.4. Explain features of a contingent contract. How and when the contingent contracts become enforceable. And under which circumstances contingent contracts remain no more enforceable. Discuss in the context of provisions of the Contract Act 1872. Q.5. In cases of breach of contracts, ordinarily the damages suffered, or losses incurred are not awarded unless proved but section 74 of the Contract Act 1872 entitles the party complaining of breach of contract to claim amount to be paid in stipulation by way of penalty. If a suit is brought by the party aggrieved of the breach of contract, which claims payment of quantum of penalty stipulated, whether penalty stipulated requires re-determination through evidence or the claim of agreed pre-estimated losses (liquidated damages) could be granted without any re-determination. Support answer with arguments. Q.6. How contract of Indemnity is different from the contract of guarantee. Explain divergent features of each of these classes of the contract(s) with illustrations. Q.7. What considerations must weigh with the courts while deciding the plea of interim custody under section 12 of the Guardian & Wards Act 1890 ('law on the subject') and what safeguards need to be taken that preliminary determination shall not influence or prejudice post-trial, conclusive determinations qua custody of the minor. Explain in the context of the guidance imparted under relevant provisions of law. Q.8. Whether stipulation of providing / arranging a landed property to bride in column 17 of the Nikah Nama - referring to the special conditions - could be decreed independent of the dower, otherwise agreed, and identified in other columns of the Nikah Nama. Discuss how claim under column 17 is different from the dower and whether courts have jurisdiction under the Family Courts Act 1964 to decree stipulations agreed as special conditions. Q.9. Elucidate the nature of offences envisaged under the Muslim Family Laws Ordinance 1961 and identify relevant provisions of the law, which vests the Court with exclusive jurisdiction to take cognizance of said offences. Q.10. Respondent is entitled to defend application for eviction once leave to contest is allowed. What is the standard or benchmark for allowing leave to contest in general, and particularly in cases where oral agreement of tenancy is alleged. Do you support the proposition that in cases where oral tenancy is alleged leave to contest must be allowed as a right. Give reasons for and against.