HP Civil Judge Mains 2017 Question Paper

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Himachal Pradesh Judicial Service (HP PCSJ) Mains Examination 2017

HIMACHAL PRADESH CIVIL JUDGE (MAIN) EXAMINATION

Himachal Pradesh Judicial Service (HP PCSJ) Mains

Examination 2017

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) What is a ‘judgment’? Mark the differences between ‘judgment’ and ‘decree’.

(6 marks)

(b) “Any particular judicial determination of a court may be either a ‘decree’ or an

‘order’. To find out whether it is a decree or an order is a matter of substance.

Moreover, whether or not an expression of the court qualifies to be a decree, the

pleadings of the parties and the proceedings leading up to the passing of the order

will have to be duly taken into account.” Elaborate and discuss this statement in the

light of the leading case law on the matter. (8 marks)

(c) “In order to determine whether a suit is of a civil nature or not, the relevant

determining factor is not the status of the parties to the suit but the subject matter of

the suit.” Applying this criterion, give an illustrative account of the rights of civil

nature and the suits of civil nature. (10 marks)

(d) ‘A’ is engaged in the business of transportation and ‘B’ hired the services of ‘A’ for

transporting goods from Delhi to Shimla in full truck loads. ‘B’ was to make

payment of the freight charges on delivery of the goods at Shimla, but ‘B’ avoided

the said payment at Shimla, and the consignee at Shimla informed ‘A’ that the

payment would be made by ‘B’ at Delhi. Accordingly, ‘A’ approached ‘B’ for making

payment of the said freight charges, but ‘B’ avoided the same. In this regard:

(i) suggest steps for taking legal action in the matter for the recovery of the freight

amount. (6 marks)

(ii) draft a plaint and written statement based on the same facts. (10 marks)

2. In an assertion that a particular document is a Will made by a person, namely ‘X’,

shall the status of the property of ‘X’ and his family at the date of the alleged Will be