Here, you will find the Additional Sessions Judge (ASJ) Past Paper of Civil Law-II of 2023. Civil Law-II is the fourth paper in this ASJ Examination 2023. The ASJ Examinations are conducted by the Hon’ble Lahore High Court, Lahore. The following questions were asked in the paper on Civil Law-II 2023.
PAPER-IV, CIVIL LAW-II
Additional Sessions Judge Past Paper of Civil Law-II 2023
Q1. Preferability for invoking Judicial review jurisdiction, over the years, has overshadowed the relevance and efficacy of remedy under section 9 of the Code of Civil Procedure 1908, once considered to be the often-resorted remedy for redressal of civil wrong. Critically analyze the impact of this conspicuous shift in Ihe forums on the quality of the litigation and suggest measures to revive the confidence and public trust in Civil Court(s).
Q2. Order II Rule 2 of the Code of Civil Procedure 1908 (CPC) enacts parameters for the framing of suits. purpose of which was to facilitate adjudication of disputes in entirety, which arose between the parties, as cause and effect of accrual of the composite cause of action. Failure to implement the mandate thereof has resulted In the multiplicity of litigation, notwithstanding the fact that each subsequent action manifests proximity With the original cause of action. This piecemeal awakening of the claimant needed to be controlled and checked. Discuss this statement with illustrations and throw light on the effect of the failure of adherence to the mandate of Order II Rule 2 of CPC.
Q3. The object of Section 12(2) of the Code of Civil Procedure 1908 was to control the tendency of filing new suits against the orders/judgments by the parties aggrieved thereof, subject to the conditions prescribed. Do you agree with the suggestion that remedy is grossly abused and employed as a tool for causing further delays? Whether remedy of application (s) under section 12(2) of CPC has done more damage than the intended good. Do you agree or disagree? Critically analyze the statement and give reasons for agreement or disagreement.
Q4. Explain the concept of diverse suits in the context of section 17 of the Court Fees Act 1870, and explain how court fee is computed on plaint containing separate causes of actions. Elucidate with illustrations.
Q5. A sues B for the specific enforcement of the written agreement to set, original whereof was available with A, who undertakes to produce it during the evidence. Whether B can lead oral evidence to challenge the claim, based on documentary evidence, and elaborate the exemptions provided under Article 103 of the Qanun-e-Shahadat order 1984, Which insulates oral evidence from the mischief of otherwise being inadmissible evidence.
Q6. The objection as to formal proof of document must be taken at ‘earliest point of time’ and cannot be taken subsequently and ‘certainly lot in appeal”. Discuss this statement in the context of principles governing the proof of documents and whether every exhibited document is per se admissible. Discuss the obligations of the Court under the provisions of Qanun-e-Shahadat Order 1984.
Q7. What is the procedure prescribed for the deposit of a Will under the Registration Act 1908 and explain the consequences of failure, to adhere to the process of registration, in the context of objection to the admissibility of the Will and question of proof of execution thereof?
Q8. In terms of section 50 of the Registration Act 1908 some of the registered and registrable documents shall take effect against the unregistered documents subject to certain exceptions, elaborate those exceptions with illustrations.
Q9. Section 172(vi) of the Land Revenue Act 1967 excludes the jurisdiction of Civil Courts In matters coming within the jurisdiction of Revenue Officers but section 53 of that very Act provides the remedy of filing suit for declaration. If there is a conflict between the provisions of law OR there exists a meaningful difference between these provisions, enabling harmonious existence. Elaborate with illustrations.
Q10. Whether Revenue Officer is vested with the jurisdiction to decide the question of title. while adjudicating upon application for partition of land filed under section 135 of the Land Revenue Act 1967, if same has jurisdiction, then what is the scope and extent of said jurisdiction?