HP Civil Judge Mains 2015 Question Paper

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Himachal Pradesh Judicial Service (HP PCSJ) Mains Examination 2015

HIMACHAL PRADESH CIVIL JUDGE (MAIN) EXAMINATION

Himachal Pradesh Judicial Service (HP PCSJ) Mains

Examination 2015

PAPER I – CIVIL LAW-I

Time Allowed: 3 Hours

Max. Marks: 200

Note:

Part A is compulsory. Answer three questions from Part B. Support your answers with relevant

statutory provisions and appropriate judicial pronouncements, as may be desirable. Answers to all

the parts of a question may be written at one place in continuity.

PART A

1. ‘A’ alleges that he entered into an agreement with ‘B’ on January 10, 2014 at Shimla. In the

agreement, ‘B’ contracted to sell to ‘A’ his house for rupees ten lakh. An amount of rupees

fifty thousand was paid by ‘A’ to ‘B’ as earnest money at the time of the agreement. ‘A’ also

alleges that he was ready and willing to perform his part of the contract and that on May 15,

2014 he tendered rupees nine lakh fifty thousand, the balance amount of consideration, to

‘B’ and called upon him to execute a sale deed. But ‘B’ refused to do so. ‘B’ denied that he

entered into any agreement to sell his house to ‘A’ on January 10, 2014 or on any other date.

He also denied having received any earnest money from ‘A’. ‘B’ further alleges that he had

already entered into an agreement with ‘C’ for selling his house on December 15, 2013.

‘A’ wants to file a suit.

(a) Draft a plaint on behalf of ‘A’. (10 marks)

(b) Draft a written statement on behalf of ‘B’. (10 marks)

(c) Write a judgment deciding the suit. (20 marks)

PART B

2. “Presumptions may be looked upon as the bats of the law, flitting in the twilight but

disappearing in the sunshine of actual facts.” Explain, while discussing the different

kinds of presumptions recognised by the Indian Evidence Act. (20 marks)

An estoppel is where “a man’s own act or acceptance stoppeth or closeth up his

mouth to allege or plead the truth”. Explain with reference to the Indian Evidence

Act. (20 marks)

3. Explain ‘res judicata’ and ‘stare decisis’. Distinguish between them. (10 marks)