Haryana Civil Judge Mains 2015 Question Paper

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Haryana Judicial Service (HCS-JB) Mains Examination 2015

HARYANA HCS(JB)

Haryana Judicial Service (HCS-JB) Mains Examination

2015

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) What is a preliminary decree and in what cases such a decree is passed? Enumerate

the types of suits in which the Code of Civil Procedure provides for passing of a

preliminary decree.

(b) Can two preliminary decrees be passed in a suit? Explain with illustration.

(c) Can two final decrees be passed in one civil suit? Elucidate.

2. What is the basic principle in deciding amendment application filed by plaintiff? At

which stage such an application can be allowed by the court?

Does the court have power to strike out the pleadings of the parties to a suit? If yes,

then what are the grounds on which such power can be exercised by the court?

What is meant by alternate and inconsistent pleadings? Can the parties to a suit

incorporate both of these pleadings at the same time?

(d) ‘A’ files a suit for recovery of one lac rupees against ‘B’. Can B claim a set off

against ‘A’ and ‘C’ jointly in his written statement?

3. What is the importance of “readiness and willingness to perform” in a suit for

specific performance? What happens when the plaintiff has not averred his readiness

and willingness to perform in his pleadings?

Can a Court grant part performance of a contract on the option of (i) plaintiff, (ii)

plaintiff and defendant both, or (iii) defendant only? At what stage of litigation can

part performance of contract be accepted by a party?

What are the limits within which a court may permit rectification? Whether the relief

in this regard is discretionary or mandatory upon the court?