Divine Institute for Judicial services

Mock Test
Civil Law - I

Maximum Marks - 200
Time - 3 Hrs

  • (a) What do you understand by inherent powers of a Civil Court?
    (b) Does a Civil Court have the inherent powers in the following cases:-
    (i) To set aside an ex parte decree.
    (ii) To order joint trial of suits.
    (iii) To correct it's own mistakes.      [20 marks]
  • Can the following be attached in execution of a decree for money and why - (i) Residential house fully occupied by the Judgement Debtor (ii) Pension (iii) Tenancy rights (iv) Salary of guarantor (v) pay of Brigadier in Army      [10 marks]
  • What is meant by 'Res-Judicata' ? What is the public policy behind the principle? Whether the principle of Res-Judicata applies to execution proceedings? When a judgement operates as Res-Judicata between co-defendants? Answer the different aspects under separate sub-headings.      [10 marks]
  • Discuss the meaning of the expression "suit of civil nature" as described in section 9 of code of Civil Procedure, 1908. Plaintiff 'P' who is a Christian by religion, challenged her ex-communication, by filing a plaint in a civil court. The plaint is resisted by arguing that "mere question of religion" is not a "suit of civil nature". Decide with the help of judicial precedents.      [10 marks]
  • A sells sulphuric acid to B as commercially free from arsenic. B uses it for making glucose, which he sells to brewers, and the persons who drink the beer made by the brewer are poisoned. A doesn't know the purpose for which the acid is required. B filed a suit against A for the breach of warranty and claimed the price of the acid, the value of the beer spoiled and the damages which he paid to the brewers and damages for injury to the goodwill of his business. A contested the suit on the ground that he was not told by B, for what purpose the sulphuric acid was to be used. Decide the suit of B by framing the issues, with the help of relevant.      [10 marks]
  • A purchases a houses from B for ₹ 5,000/- by an unregistered sale deed and is put in possession of the same by B. Later B sues A for possession of the house on the ground that no title passed as the deed was unregistered. What can A plead in defence?      [10 marks]
  • 'A' transfers his property to 'B' for life and thereafter to his unborn son for life. Whether transfer of property to unborn person is valid under the Transfer of Property Act, 1882? Explain with reason.      [10 marks]
  • When and how a party can impeach the credit of his (i) own witness and (ii) witness produced by opposite party.      [ 10 marks]
  • The plea of issue estoppel is not the same as the plea of autrefois acquit.      [10 marks]
  • A Statement is genus, admission is the species and confession is the "sub-species". Discuss.     [10 marks]
  • "A contract can't be enforced by a person who is not a party to it even though it is made for his benefit". Discuss the above statement and refer to relevant cases and point out the exceptions to this rule.      [10 marks]
  • In a case while the defendant intended to sell the land in terms of Kanals, the plaintiff intented to purchase in Bighas. Bighas and Kanals are different units of measurements. In northern part of the country, the land is measured is some states either in terms of Bighas or in terms of Kanals. Both convey different impressions regarding area of the land. The area of the land was a much essential to the agreement as the price, which incidentally, was to be calculated on the basis of the area. Is the mistake with which the parties were suffering related to a matter essential to the agreement? Answer with reference to the sections of Indian Contract Act and case law, if any.      [10 marks]
  • What do you understand by frustration of contract? Discuss the law relating to frustration as applicable in India while taking reference from the following judgements - (i) Satyabrata Ghose v. Mugneeram Bangur AIR 1954 SC 44. (ii) Krell v. Henry, (1903) 2KB 740 (CA) (iii) Ganga Baran v. Firm Ram Charan Ram Gopal AIR, 1952 SC 9.      [10 marks]
  • Discuss principles governing grant of ad interim injunction. Whether a temporary injunction can be granted in the form of mandatory injunction?     [10 marks]
  • Suresh and Karan are in dispute over an agreement of sale in respect of an immovable property which Karan agreed to sell to Suresh. Suresh argues that the terms "readiness and willingness" are synonymous. Do you find any merit in the averment of Suresh? Explain the provisions of law which deal with the above contention of Suresh. Support your finding with case law.      [10 marks]
  • Mr. and Mrs. Singh are running a Legal Aid Clinic. Whether it is a kind of partnership? Discuss.      [10 marks]
  • What are the consequences of non-registration of firm under section 69 of the Partnership Act, can an unregistered firm file a suit? Can its registration after filing the suit cure the defect. Can an unregistered partnership firm leased out certain premises for a fixed period. After the expiry of lease it filed a suit for recovery of possession. Is this suit maintainable.      [10 marks]
  • Is a tenant bound by an eviction order even if he is not a party in the case decided under the provision of East Punjab Rent Restriction Act, 1947?      [10 marks]
  • Write a short note on objective of the Punjab Courts Act, 1918.      [10 marks]