Haryana Civil Judge Mains 2013 Question Paper

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Haryana Judicial Service (HCS-JB) Mains Examination 2013

HARYANA HCS(JB)

Haryana Judicial Service (HCS-JB) Mains Examination

2013

CIVIL LAW-I

Time: Three Hours

Max. Marks: 200

(1) Attempt all questions in the same order in which they appear in the question paper.

(2) Marks for individual questions are indicated against each question.

(3) Support your answers with relevant provisions and case law.

(4) No extra answer sheet will be provided.

1. (a) The decisions of the foreign courts in the scheme of CPC are treated with respect but

not as sacrosanct. Elaborate on the statement, supporting it with case law.

(b) The constitutional spirit of Public Interest Litigation is also present in the scheme of

CPC, though in a restricted sense. Respond to the statement by referring to the

relevant provisions and case law.

(c) ‘A’ files a suit against ‘B’ for breach of contract by ‘B’. The suit is dismissed for

default of appearance. Decide if the decision of the court dismissing the suit qualifies

as a Decree? Give reasons for your answer.

2. ‘A’ files a suit against ‘B’ for evicting ‘B’ from a piece of land. ‘B’ puts up the

contention that no notice was given to ‘B’ for eviction and that the land being ‘X’

land, he cannot be evicted. The court dismissed the suit on the basis of the fact that

notice was not given to evict. The court also concludes that the subject land is not

‘X’ land. Subsequent to this, ‘A’ gives a notice to ‘B’ asking him to evict the land and

on the failure of ‘B’ to comply, institutes a suit against him. In the suit, ‘B’ seeks to

contend that the land being ‘X’ land, he cannot be evicted. Decide if the second suit

by ‘A’ is barred by res judicata, dealing therein with the contentions to be raised by

‘B’ in this suit that it is so barred?

The rules in relation to rejection of a plaint are based as much on substantive

grounds as on procedural reasons. Elaborate.

(i) What are the conditions necessary for granting a claim of set-off?

(ii) What is the difference between a necessary Party and a Proper Party?

3. Aman’s parents died in a road accident when he was 12. Since then Aman has been

in the care and custody of Bhim, his uncle and his guardian as per the will of Aman’s