Civil Judge Past Paper 2022: Civil Law-II

Here you will find the Civil Judge past paper 2022 on the subject of Civil Law-II of Lahore High Court. This Civil Law paper is the 2nd paper in the Civil Judge Cum Judicial Magistrate’s competitive examination 2022 held by Lahore High Court, Lahore. Find below the past paper of Civil Judge Civil Law-II for the year 2022.

Note: Attempt ONE question from each part.

Part-I

Q1. An appeal from a judgment decree or final order of a High Court lies to the Supreme Court of Pakistan subject to certain prescribed under section 109 of the Code of Civil Procedure 1908.

  1. for the purpose of the above-mentioned provision, what is the test to determine whether an order is a final order?
  2. elucidate upon, which eventuality appeal lies and in which same does not lie to the Honorable Supreme Court of Pakistan?

Q2. Discuss the following legal terms as defined by the Code of Civil Procedure, 1908:

  1. written statement and set off
  2. Subsequent pleadings
  3. alternate dispute resolution
  4. “special circumstances” and “sufficient cause” in order XXXVII rule IV and order rule XIII CPC
  5. temporary injunction
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Part-II

Q3. Under section 7 of the Court Fees Act, 1870, how the court fee is to be calculated for the following suits:

  1. in suits for Money (including suits for damages or compensation, or arrears of maintenance of annuities or of other sums payable periodically);
  2. in a suit for the moveable property; when the subject property has a market value and no market value
  3. in a suit seeking enforcement of a right of pre-emption
  4. in a suit seeking specific performance of a contract of sale, mortgage, contract of lease, and of an award;
  5. in a suit to set aside an attachment of land or of an interest in land or revenue

Q4. Write short notes on the following:

  1. what is meant by levy of court fee in terms of Ad valorem, on cost, and on mense profit?
  2. whether and when, a plaint can be rejected on account of deficiency in the payment of court fees?
  3. define the term “multifarious suit” and explain the procedure/mechanism prescribed under the law for levying/calculating the court fee in a multifarious suit

Part-III

Q5. The Specific Relief Act, 1877 provides for two (02) subtle distinctive remedies; one in form of a suit for cancellation of documents, and the second in form of a suit for the declaration of a document by virtue of its sections 39 and 42. The apex court while rendering judgment on this aspect has numerously held that the crucial feature in terms of opting for any of these remedies essentially is to determine whether the documents in question are void or voidable.

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Please discuss the meaning, object, purpose, and legislative intent behind promulgating sections 39 and 42 in the Specific Relief Act, 1877 along with the case laws.

Q6. Discuss all instances/grounds for refusal of the injunction given in section 56 of the Specific Relief Act, 1877.

Part-IV

Q7. Discuss in detail the procedure provided under the Punjab Land Revenue Act, 1967 with to the partition of land in the following terms:

  1. when and who is competent to apply to the concerned revenue officer for parties to the land and what is the procedure to be adopted by the concerned Revenue Officer receipt of the application for partition?
  2. what are the restrictions and limits in terms of partition of land imposed under this act?
  3. how an application for partition is to be disposed of when questions about the title of property as well as the mode of partition are raised?

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