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

LAHORE HIGH COURT, LAHORE CIVIL JUDGES-CUM-MAGISTRATES COMPETITIVE EXAMINATION, 2024 (Spring) PAPER - II: CIVIL LAW-II TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 Instructions: Attempt any FIVE questions. All questions carry equal marks. Q.1 Explain the situations / circumstances when a Foreign Judgment is considered inconclusive under the Code of Civil Procedure 1908. Q.2 What material particulars shall a plaint contain? What additional particulars are required to be stated in plaints pertaining to recovery of money, suit claiming possession of immovable property, and suit for partition? Q.3 Explain separately the scope, extent, and distinctive features of review jurisdiction, revisional jurisdiction, and jurisdiction with respect to second appeals in the context of the Code of Civil Procedure 1908. Q.4 Explain essential steps / procedures required to be taken by the Court before ordering attachment of property before judgment. What directions need to be passed to avoid hardships for strangers who are not party to the suit? Give illustrations. Q.5 How an action for rectification of contract differs from action seeking rescission of contract under the Specific Relief Act 1877? Explain peculiar circumstances entitling a party to seek rectification and circumstances requiring rescission. Cite illustrations. Q.6 What rights-cum-remedies are available to the purchaser from the vendor with imperfect title under the provisions of Specific Relief Act 1877? Is such decree procured per se enforceable in law? Explain with illustrations. Q.7 Under what circumstances will you advise a person to bring an action for cancellation of instrument under section 39 of the Specific Relief Act 1877, and not a suit claiming declaration under section 42 of the Act? Explain with illustrations. Q.8 Explicitly, the purpose of Court Fees Act 1870 is to generate revenue for the State, but enforcement thereof resultantly curtails or limits the exercise of right to sue. Discuss the relevance and efficacy of the Statute considering aforesaid statement and suggest changes, if any conceived. Q.9 Which kinds of lands are not amenable to assessment of the land revenue? Cite instances appearing in the Punjab Land Revenue Act 1967. Q.10 Elucidate the instances mentioned in Punjab Land Revenue Rules 1968 where a Village Headman shall be dismissed and the instances where same may be dismissed.