HP Civil Judge Mains 2018 Question Paper

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Himachal Pradesh Judicial Service (HP PCSJ) Mains Examination 2018

HIMACHAL PRADESH CIVIL JUDGE (MAIN) EXAMINATION

Himachal Pradesh Judicial Service (HP PCSJ) Mains

Examination 2018

PAPER I – CIVIL LAW-I

Time Allowed: 3 Hours

Max. Marks: 200

Note:

(1) Attempt five questions in all.

(2) Questions No. 1 and 2 of Part A are compulsory.

(3) Attempt the remaining three questions from Part B.

(4) Each question carries 40 marks.

(5) Marks are divided and indicated against each part of the question.

(6) Write legibly, supporting your answers with relevant statutory provisions and appropriate

judicial pronouncements, as may be desirable.

(7) Each part of the question must be answered in sequence, in the same continuation.

(8) If questions are attempted in excess of the prescribed number, only the questions attempted

first, up to the prescribed number, shall be valued and the remaining answers will be

ignored.

PART A

1. (a) Describe the features of a ‘judgment’ as the culmination of a civil suit, supposed to

be disposing of the matters in issue conclusively. Also underscore the foundational

perspective to be possessed by a judge for writing a judgment. (10 marks)

(b) The Supreme Court of India in Canara Bank v. N.G. Subbaraya Setty, decided on

20th April 2018, observed: “In the present case, a belated review petition was filed

after arguments were heard and judgment reserved by the appellate Court. Would

this Court have to await the outcome of the said review petition before deciding

whether the judgment is res judicata?” Elucidate the main procedural issue involved

in the matter as reflected by this observation in its possible facets and attempt a well-

reasoned resolution of the issue in the light of the law and judicial precedent.

(10 marks)

(c) ‘A’ and ‘B’ separately sue ‘C’ for a libel which reflects upon each of them. ‘C’ in

each case says that the matter alleged to be libellous is true, and the circumstances

are such that it is probably true in each case, or in neither. ‘A’ obtains a decree