Here, you will find the Additional Sessions Judge (ASJ) Past Paper of Civil Law-I of 2025. Civil Law-I is the first paper in this ASJ Examination 2025.
ASJ Civil Law-I Past Paper 2025
Instructions:
- This Paper has three parts.
- Part-I is objective-type, having 25 Marks. Attempting is compulsory. 30 minutes is allotted. Paper was distributed separately and reclaimed upon distributing the subjective-type question paper.
- Subjective-type papers have 75 marks.
- Part-II has six questions, and only three must be attempted — each carries 20 marks.
- Part-III has two questions and only one must be attempted — each carries 15 marks.
PART-I
Q1. Explain the doctrine of frustration of contracts as embodied in section 56 of the Contract Act 1872. What are the circumstances under which a contract is discharged by supervening impossibility? Support your answer with case law and apply the doctrine to the following situations:
- A contract to let out his banquet hall for a wedding on 12th October. Before the date, the government imposes a lockdown prohibiting all gatherings.
- B contracts to deliver imported machinery to C. Before delivery, the ship carrying the machinery sinks.
- X agrees to sing at Y’s theatre for six months. After one month, X falls seriously ill and cannot perform.
- P agrees to sell his land to Q. Before completion of the sale, the land is acquired by the government under the compulsory acquisition law.
Q2. Define and distinguish between an offer and an invitation to treat under the Contract Act 1872. Explain the rules relating to acceptance, counter-offer, counter-acceptance, withdrawal of an offer, and conditional acceptance. Support your answers with statutory provisions and case law, and apply the principles to the following situations:
- A displays goods in his shop with a price tag. B picks up the item and offers to pay. Is this an offer or acceptance?
- X offers to sell his house to Y for Rs. 10 million. Y replies, “I can buy it for Rs. 8 million”. What is the legal effect of Y’s reply?
- P offers to sell his car to Q. Before Q communicates his acceptance, P withdraws the offer. Can P do so lawfully?
- M writes to N offering employment subject to N’s medical clearance. N immediately replies, “I accept”. Does this constitute a valid contract?
- Z accepts an offer by telegram but sends a letter of rejection which reaches the offeror earlier. What is the legal position?
Q3. P, a wholesale supplier, is reluctant to deliver goods on credit to Q, a new trader. To secure the transaction, R agrees in writing that if Q defaults, he (R) will pay the price of the goods. Later, Q fails to pay, and P demands the money from R. R argues that his liability is in the nature of indemnity and not of a suretyship guarantee, and therefore, he is not bound as a surety.
Separately, S enters into a contract with T, an insurer, who promises to compensate S from any loss suffered due to fire in his warehouse.
Questions:
- Distinguish between a contract of guarantee and a contract of indemnity with reference to the above facts.
- Is indemnity merely a species of insurance guarantee, or does it have an independent footing under contract law?
- Discuss the scope of liability on R and T, and the remedies available to P and S, respectively.
Q4. “Law helps the vigilant, not those who sleep over their rights.“
Discuss this statement with reference to the Statute of Limitations.
How does strict compliance with limitation periods contribute to the administration of justice and assist in clearing the backlog of cases in courts?
In your answer consider:
Statute balances efficiency with fairness, i.e., allows “sufficient cause” applications but not open-ended delays.
- The objective of the limitation law (certainty, repose, and the prevention of stale claims.)
- The balance between substantive rights and procedural bars.
- Judicial attitudes towards limitation as mandatory or directory.
- The impact of strict enforcement on the efficiency of courts and the reduction of frivolous or delayed litigation.
Q5. Mediation has emerged as an indispensable tool in the resolution of family disputes, particularly those concerning the custody and welfare of minors. Courts and legislatures alike emphasize that proactive approaches to mediation can reduce hostility, preserve relationships, and secure the best interests of the children.
Discuss why mediation is essential in family and custody disputes and analyze why a proactive approach by courts is imperative. In addition, critically evaluate the adverse consequences caused when courts fail to ensure mediation, including prolonged litigation, emotional damage to children, and erosion of trust in the justice system. Support your answers with statutory provisions, case law, and policy considerations where relevant.
Q6. Elucidate how legal proceedings differ in an action for rectification of instruments, rescission of contracts, and cancellation of instruments. What are the basic conditions that must exist to initiate an action under each of these remedies? Further, critically analyze whether the aforesaid actions can be merged or combined within a suit for declaration under existing procedural law. Support your answer with statutory provisions and case law.
Part-III
Q1. In what situations/cases, specific performance of a contract not be enforced against a party thereto? Support your answer with statutory provisions, cite illustrations and case law with respect to each of the instance(s) discussed in your answer.
Q2. In the digital age, defamation law faces novel challenges due to the widespread use of social media platforms such as Facebook, Twitter, Instagram, WhatsApp, TikTok, etc.
Discuss the unique problems courts and litigants encounter when dealing with defamation on social media. In your answer, address issues relating to:
a) Identification of the author of defamatory material.
b) Jurisdictional complications arising from cross-border publication.
c) Balancing of the right to free speech with the protection of reputation.
Discuss in the context of the existing legal framework.
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