HP Civil Judge Mains 2019 Question Paper

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Himachal Pradesh Civil Judge (Main) Examination-II 2019

HIMACHAL PRADESH JUDICIAL SERVICE (HP PCSJ) MAINS

PAPER I: CIVIL LAW – I

Time Allowed: 3 Hours

Maximum Marks: 200

This question paper contains eight questions. Part ‘A’ is compulsory. Answer any three

questions from Part ‘B’. Each question carries equal marks. Marks are divided and indicated

against each part of the question. Question of 08 marks be answered in 250 words. Question of

12 marks be answered in 400 words. Write legibly supporting your answers with relevant

statutory provisions and appropriate judicial pronouncements as may be desirable. Each part

of the question must be answered in sequence in the same continuation. If questions are

attempted in excess of the prescribed number only questions attempted first up to the

prescribed number shall be valued and the remaining answers will be ignored. Re-evaluation /

Re-checking of answer book is not allowed.

Part A (Both questions are compulsory)

1. (A) “The scope of the principle of res judicata is not confined to what is contained in

section 11 of CPC but is of more general application. Res judicata could be as much

applicable to different stages of the same suit as to findings on issues in different

suits.” Explain the concept of res judicata, and distinguish it from res sub-judice? [8]

(B) Write a note on the power of the Chief Justice to transfer pending suits, appeals or

proceedings to the subordinate civil courts under the Himachal Pradesh Courts Act,

1976. [8]

(C) What is ‘Doctrine of Forum Convenience’? Explain the concept in the light of

provisions prescribed under the Code of Civil Procedure, 1908. [12]

(D) “Rule of Estoppel appertains to equity and fairness in action.” Explain and illustrate

with decided cases. [12]

2. Discuss the mode of payment of Stamp Duty under the Stamp Act, 1899. [8]

Explain the Rule making powers of High Court under the Himachal Pradesh Courts

Act, 1976. [8]

Describe the scope and nature of presumption against the accused under Section 105

of Evidence Act, 1872. Elucidate the answer with the help of judicial decisions. [12]

Expound the conditions under which jurisdiction of ‘declaratory decree’ may be

exercised under the Specific Relief Act, 1963. [12]