June2008cv

HIGH COURT OF ANDHRA PRADESH: HYDERABAD

WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF JUNIOR CIVIL JUDGE UNDER LIMITED RECRUITMENT

CIVIL LAW

29™ JUNE 2008

TIME: THREE (3) HOURS                                                                                  MAXIMUM MARKS: 100

(09.00 AM TO 12.00 NOON)

INSTRUCTIONS

PART 'A' IS COMPULSORY. It carries 30 (thirty) marks. Candidate shall answer any seven questions of PART 'B'. Each question carries 10 (ten) Marks as indicated.

Write your Roll Number only in the space provided on the first page of the answer book.

Questions shall be answered in English only.

Do not either write your name or put your roll number/any mark .

anywhere in the answer book/additional sheets, if any.

Any attempt by the candidate to disclose his/her identity in any

manner in the answer sheet will disqualify him/her.

No candidate will be permitted to leave the examination hall

before 9.30 am.

PART - 'A'

Answer any three questions in this Part

2 Marks each

1.   (a) Explain the following.

(i)                  Interim injunction and mandatory injunction

(ii)                 Court Commissioner and Court Receiver

(iii)                 Undue influence and coercion

(iv)                 Locus standi

(v)                  Forum non conveniens

10 Marks

1. (b) Vikram entered into contract with Bhat for deliver/ of goods upon certain conditions. The contract was reduced to writing. One of the clauses in the contract mentions that Bhat paid Vikram the price of other goods contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other goods. Whether the evidence is admissible or not?

10 Marks

1. (c) 'After amendment of CPC, the parties to the suit, as of right cannot file documents at the stage of framing all the issues'.

Whether the above statement is correct or not? Give reasons in brief in support of the answer and explain at what stages parties can file their respective documents.

10 Marks

1. (d) Vachala residing in Hyderabad publishes in Visakhapatnam a statement, defamatory to Neethimantha. When legal opinion was sought, Neethimantha was advised that he can sue either in Hyderabad or Visakhapatnam.

Whether advice given to Neethimantha is correct or not? Give reasons, in brief, keeping in view Section 19 of Code of Civil Procedure, 1908.

PART - 'B'

Answer any seven questions in this Part

5 Marks each

2.   (a) What is the mode of proof of a document required by law to be

attested as contemplated under the Indian Evidence Act? (b) When and under what circumstances the evidence of expert is relevant. Whether the opinion of expert is binding on the Court? Explain with examples.

10 Marks

3.   Estopple is not res judicata, but res judicata is estopple by record.

Write a detailed note on this comment with reference to

provisions in Code of Civil Procedure, 1908 and Evidence Act, 1872.

5 Marks each

4.  (a) Define 'Promissory Note'.

(b) An instrument contained the following words:

"I promise to pay 'B' Rs.500 and all other sums which shall be due to him".

Whether the above instrument is Promissory Note or not, and Why?

5 Marks each

5.  (a) When the suit is dismissed for default, what are the remedies

available to the plaintiff? (b) When a Civil. Court can pass an order of attachment before Judgment and how such power has to be exercised?

2 Marks each

6.  Write short notes on the following.

(a)   Section 35A of CPC, 1908.

(b)   Suspension or revocation of gift.

(c)    Definition of sale of immovable property.

(d)   Adverse possession.

5 Marks each

7.   (a) If the Judgment debtor has no means to pay the amounts, the

Court cannot order his arrest in execution of a money decree. Write a detailed note, (b) What are the methods of acquisition of Easement.

5 Marks each

8.   (a) What are the nature of liabilities under the Contracts of Indemnity

and Guarantee.

(b) What are the properties which are not liable to attachment and sale in execution of decree.

                                                                                                                  10 Marks

'9. When and under what circumstances a civil Court can vacate ad interim ex parte injunction granted to the plaintiff. Write giving examples.

2 ½  Marks each

10. Write short notes on the following.

(a)    Inherent power of the Court.

(b)    Amendment of Judgments, Decrees or Orders.

(c)    Enlargement of time.

(d)    Section 89 of CPC, 1908.

oOo