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HIGH COURT OF KERALA
WRITTEN EXAMINATION FOR SELECTION OF MUNSIFFS
Thursday, 10th November, 1988
Marks: 100
Time : Three Hours
PAPER I
(Answer must be brief and to the point)
I (a) Civil Court has jurisdiction to try all suits of a civil nature. What are the exceptions to it? (5 marks)
(b) A question which might and ought to have been made ground of defence or attack in former suit between the same parties was not raised. Can such a plea be raised in a subsequent suit between them? When & Why? (5 marks)
(c) A relief specifically claimed in the plaint was not expressly granted by the decree. Can it be allowed to be raised in a subsequent suit? Why? (5 marks)
(d) When can you allow a party to be impleaded against the objection of the plaintiff?(5 marks)
II (a) You as a Munsiff is absent on a working day. How and when will you arrange for the adjournment of the cases posted for the day? (5 marks)
(b) If the Munsiff is not in a position to pronounce judgment immediately after the conclusion of the hearing, what are the alternatives he can adopt? (5 marks)
III. Briefly explain the three instances where opinion evidence is relevant under the Evidence Act’? (10 marks)
IV. What are the presumptions that you will draw when any document purporting or proved to be thirty years old is produced from proper custody? What is proper custody? (10 marks)
V (a) What are the essential requirements of a valid acknowledgment under Section 18 of the Limitation Act and what is its effect? (5 marks)
(b) What is the effect of a claim becoming barred by limitation? (5 marks)
VI. (a) What are pleadings?
(b) Write a brief note on:
(i) material facts, (ii) particulars, and (iii) condition precedent to be specified in pleading? (10 marks)
VII (a) What are the essential requirements to make a complete contract? (5 marks)
(b) When is consent said to be free and what are the factors affecting free consent (5marks)
(c) What is a guarantee? (5 marks)
(d) What do you understand by pledge? (5 marks)
VIII What are the essential factors to be pleaded and proved to get a decree for specific performance? Can a decree for specific performance be claimed as of right? (10 marks)

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