HIGH COURT OF KERALA
WRITTEN EXAMINATION FOR SELECTION OF MUNSIFF-MAGISTRATE
Saturday, 11th August, 2001
Time:2:30 hrs Marks: 100 PAPER I
I When can a plaint be rejected? What are the remedies available for a plaintiff when a plaint is rejected? Is a petition to restore the plaint maintainable?(10 marks)
II (a) What is the mode of execution of a decree for permanent prohibitory injunction?(3 marks)
(b) Can the execution Court refuse to execute a decree? If so, in what all circumstances it can be made?(3 marks)
(c) What are the conditions in which a decree holder of a money decree can execute the same by arrest and detention of the judgment debtor in civil prison?(4 marks)
III What are the circumstances in which a Court can order attachment before judgment? What procedure the Court has to follow in effecting attachment before judgment?(10 marks)
IV Give your decision in not more than 200 words on the following dispute with the help of case law.
'A' and 'B' are Muslim brothers. During the period when 'A' was a minor, 'B' sold 'A's property acting as his guardian. At the time of the transfer, 'A' was aged 7. The transfer was made in 1963. 'A' filed a suit in 1981 for recovery of possession. The purchaser, defendant in the suit contended that he has perfected title by adverse possession and limitation. Is the plaintiff entitled to get a decree for recovery of possession?(10 marks)
V What are the reliefs that can be granted in a suit for specific performance of an agreement for sale of immovable property? Is there any discretion to refuse specific performance as claimed? If so, what are those circumstances? How is a decree for specific performance executed?(10 marks)
VI What is the Court fee payable in the following type of suits:
- Suit for recovery of immovable property from a tenant.
- Suit to set aside attachment.
- Suit for accounts.
- Partition suit.
- Suit for specific performance of a contract for sale.(10 marks)
VIII What are the instances in which specific performance of contract cannot be enforced in favour of a person?(5 marks)
IX (a) What procedure the Court of Small Causes has to follow when a question of title to immovable property arises in a proceeding?
(b) What orders passed by a Court of Small Causes are applicable?(5 marks)
X Write short notes on the following:
(a) Misjoinder of causes of action
(b) Nonjoinder of necessary party
(c) Benami and sham transaction
(d) Interpleader Suit (20 marks)