HP Civil Judge Mains 2016 Question Paper

Page 1 as text

Himachal Pradesh Civil Judge (Main) Examination 2016

HIMACHAL PRADESH JUDICIAL SERVICE (HP PCSJ) MAINS

PAPER I: CIVIL LAW – I

Time Allowed: 3 Hours

Maximum Marks: 200

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 gave Rs. 50,000 to ‘B’ on 10-3-2015 by pronote for one year and it was

agreed that after one year ‘B’ will pay to him Rs. 60,000 for the discharge of the debt. ‘B’

alleges that on 1-4-2016 there was an agreement between him and ‘A’s son, ‘C’ and it was

agreed that ‘B’ would pay Rs. 50,000 to ‘C’ for the full discharge of debt of ‘A’. ‘B’ also

alleges that he paid Rs. 50,000 to ‘C’ by cheque. ‘A’ denied any agreement between ‘B’ and

‘C’ regarding his debt and also alleges that payment by ‘B’ to ‘C’ of Rs. 50,000 was on

account of debt of ‘C’. Now ‘A’ wants to file the suit against ‘B’ for the recovery of Rs.

60,000:

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

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

(c) Write judgment deciding the suit. [20]

2. “Substantive law is different from procedural law.” Explain by giving reference to

the Indian Evidence Act, 1872. [10]

“Confession must be taken as a whole or rejected as a whole.” Explain with

exceptions. What is the evidentiary value of confession? [20]

Part B

3. Explain the rule of res judicata. Differentiate between direct res judicata and

constructive res judicata. [10]

Discuss the territorial jurisdiction of the courts for the suits in respect of immovable

and movable property. [10]

Explain the provisions of the Code of Civil Procedure which deal with inherent

powers of the courts. What are the limitations on these powers? [10]