Haryana Civil Judge Mains 2000 Question Paper

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Haryana Civil Service (Judicial) Examination 2000

HARYANA JUDICIAL SERVICE (HCS-JB) MAINS

PAPER I – CIVIL LAW

Time: 3 Hours

Max. Marks: 200

Note: Attempt any eight questions.

1. (a) Discuss fully the conditions which are required to constitute a matter res judicata and

comment upon the following statement: “A verdict against a man suing in one

capacity will not stop him when he sues in another distinct capacity.”

(b) ‘A’ files a suit for declaration that he is entitled to certain lands as heir to ‘B’. The

suit is dismissed. Can he claim in a later suit title to the same properties on the basis

of adverse possession?

(c) A Munsif decided in a maintenance suit that the husband had abandoned his wife

and, therefore, the latter was entitled to maintenance. Does the subsequent petition

by the husband for judicial separation under Section 10 of the Hindu Marriage Act,

1955 operate as res judicata? Give reasons for your answer.

2. What is an ‘inter-pleader suit’? When and by whom can it be instituted?

When can a temporary injunction be granted by a Civil Court?

In what circumstances can the property of the defendant be attached before

judgement?

(d) What is the procedure prescribed for a suit by or against a firm?

3. What facts are essential in a notice under Section 80 of the Civil Procedure Code?

What will be the effect upon a suit against the Central Government, the State

Governments or their officers if the said notice is not given?

What is a representative suit? By whom and under what circumstances can such a

suit be filed?

When can an auction sale of immovable property in execution of a decree be set

aside? Who can get it set aside?

State the provisions which govern the determination of the place of suing.

4. Explain and illustrate the following:

‘Silence may sometime amount to an admission.’

‘No confession made to a police officer is admissible.’