In this article, you will find Additional Sessions Judge (ASJ) Past Paper of Civil Law-II of 2020. Civil Law-II is the fourth paper in this ASJ Examination 2020. The ASJ Examinations is conducted by the Hon’ble Lahore High Court, Lahore. The following questions were asked in the paper of Civil Law-II 2020.
ADDITIONAL DISTRICT AND SESSIONS JUDGES
COMPETITIVE EXAMINATION, 2020
PAPER-IV, CIVIL LAW-II
Note: Attempt FIVE questions selecting ONE each from Part-I, II & III, and TWO from Part-IV. Total Marks are 100.
Part-I
Q.1 A, who is the purchaser of immovable property sold in execution of a decree and in whose favor a certificate in respect of that property has been granted under Order 21 Rule 94 CPC. applies under Order 21 Rule 95 CPC for delivery of possession of that property. Before A goes to the spot to take possession of that property, B comes into the court and files an application saying that he is in possession of that property on his own account and that possession should not be given to A unless his (Bs) application is decided A is not at all willing for the inquiry He maintains that the warrant of possession should be issued and that on the prospective objection of B. the Court should not start upon any inquiry at that stage. Not minding the contentions of A, the Court orders that B’s application being tantamount to obstruction or resistance in obtaining possession of the property, an inquiry should be started under Order 21 Rule 97 CPC. Whether such a procedure adopted by the executing Court is warranted by the Civil Procedure Code?
Q.2 Courts to try all civil suits unless barred. Discuss all aspects.
Part-II
Q.3 Explain the significance and scope of the power possessed by an authority competent issue any order, rules, bye-laws under any Act or Regulation to exercise the same, power in the like manner and subject to the like sanctions and conditions if any to substantial changes in such order, notification, rule or bye-laws.
Q.4 Discuss the following notions in light of the relevant provisions of law along with traditions and case law (where necessary):
What is the procedure for the levy of Court-fee in the following suits?
a. Suit for mesne profit
b. Suit for possession of the immovable property and mesne profit
c. Suit for the account
d. which court is the competent forum to decide the controversy of the valuation of a plaint or memorandum of appeal?
e. when fee paid on the following becomes refundable under the relevant statutory provisions:
- Plaint
- Memorandum of Appeal
- Application for review of the judgment
PART-III
Q.5 Explain and discuss in detail the procedure laid down in the relevant law with reference to the filing of an application for the partition of agricultural land and thereafter, the statutory duties of Revenue Officer to decide upon the merits till the final decision of such application with related case law.
Q.6 Specify the matters in which civil courts lack jurisdiction under the W.P Land Revenue Act, 1967.
PART-IV
Q.7 How crucial the documentary evidence is in the adjudication process? What are the modes available under the relevant statutory provisions that prove the contents of a document? Can, in any situation the mode of proving the documentary evidence presented before the court be dispensed with, if yes, what is the legality of such document placed or presented, but has not been proved in accordance with the law?
Q.8 Does the Sub-Registrar possess the power to refuse the registration of a document presented for such purpose? if he does, what is the procedure to exercise the said power, and in what circumstances can he exercise such powers? Also, clarify whether an order passed by sub-registrar refusing the registration of a document is appealable, if yes, to who and in which manner?
Q.9 Discuss all the aspects of the effect of non-registration of documents required to be registered.
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