Himachal Pradesh Judicial 2023 Civil Law 1 Question Paper with Answers

Which dispute falls outside the class of suits of a civil nature under Section 9 of the Code of Civil Procedure, 1908?

Evaluate the assertion and the reason in light of Section 9 of the Code of Civil Procedure, 1908.

Assertion (A). A recognized rule of public policy may impliedly bar a civil suit.

Reason (R). A court should decline to entertain a matter where a recognized rule of law treats doing so as injurious to the public welfare.

Evaluate the assertion and the reason under Section 9 of the Code of Civil Procedure, 1908.

Assertion (A). Civil courts have jurisdiction over suits of a civil nature unless cognizance is expressly or impliedly barred.

Reason (R). The law starts with no presumption in favour of civil-court jurisdiction over suits of a civil nature.

P sues D in India. The same matter is already pending between them in a court in the United Kingdom that was not established or continued by the Indian Central Government. If a stay is independently necessary to prevent abuse of the Indian court’s process, which statement best describes the court’s power under the Code of Civil Procedure, 1908?

Which of the following are grounds under Section 13 of the Code of Civil Procedure, 1908 for a foreign judgment to lack conclusiveness?

I. The judgment was not given on the merits.

II. The proceedings were opposed to natural justice.

III. The judgment was obtained by fraud.

Under Section 21(2) of the Code of Civil Procedure, 1908, issues were settled in the trial court. Which conditions must coexist before an appellate or revisional court may allow an objection to the trial court’s pecuniary jurisdiction?

I. The party raised the objection in the court of first instance at the earliest possible opportunity.

II. The party raised it at or before settlement of issues.

III. A consequent failure of justice occurred.

A defendant withdraws an appeal against an ex parte decree. What effect does the withdrawal itself have on an application to set aside the decree under Order IX Rule 13 of the Code of Civil Procedure, 1908?

Which of the following provisions of the Code of Civil Procedure, 1908 deals with ‘Interpleader Suit’?

A party who is not under a disability receives a notice to admit a document. Under Order XII Rule 2A of the Code of Civil Procedure, 1908, which response results in deemed admission?

Which statement about the death of a party and substitution under Order XXII of the Code of Civil Procedure, 1908 is incorrect?

Which pairing of an order of the Code of Civil Procedure, 1908 with its subject is incorrect?

Which of the following provisions of the Code of Civil Procedure, 1908, deals with the appointment of a receiver?

Evaluate the assertion and the reason under Order II Rule 2 of the Code of Civil Procedure, 1908.

Assertion (A). A plaintiff who omits or intentionally relinquishes part of a claim arising from one cause of action cannot later sue for that part on the same cause of action.

Reason (R). The rule prevents a plaintiff from splitting one claim and subjecting the defendant to successive suits on the same cause of action.

Which of the following provisions of the Code of Civil Procedure, 1908 deals with revision?

Which provision of the Code of Civil Procedure, 1908 expressly saves the inherent powers of a civil court?

After property is attached under the Code of Civil Procedure, 1908, the owner privately transfers it contrary to the attachment. No contract for the transfer was entered into and registered before attachment. What is the effect under Section 64 as against claims enforceable under the attachment?

Which section of the Code of Civil Procedure, 1908 requires orders and notices served or given under the Code to be in writing?

Which statement about substituted performance under Section 20 of the Specific Relief Act, 1963 is correct?

Which statement about declaratory decrees under section 34 of the Specific Relief Act, 1963 is incorrect?

Which section of the Specific Relief Act, 1963 sets out when a perpetual injunction may be granted?