HIGH COURT OF KERALA
WRITTEN EXAMINATION FOR SELECTION OF MUNSIFFS, 1988
Saturday, 30th January, 1988
Time : Three Hours
(Answers must be brief and to the point)
I Answer any four (5 marks each)
(a) You are satisfied that a case pending before you as Munsiff involves the question as to the validity of a provision in a Statute, the determination of which is necessary for the disposal of the case, and you are of the opinion that the provision is invalid, but it has not so declared by any competent Court. What will you do? Why? Under what provision?
(b) What is the extent to which the salary of the judgement debtor is initially not liable for attachment in execution of any decree, other than a decree for maintenance? Under what circumstances can any portion of the salary which had been under attachment becomes partially or fully exempt?
(c) Who all can apply to set aside sale in execution of a decree under Order XXI Rule 90 CPC and on what grounds and subject to what restrictions?
(d) How can an injunction decree be enforced and what is the provision for dealing with violation of an injunction decree?
(e) What is ovelty?
(f) What is the law relating to award of compensatory costs?
II What are pleadings? Under what provision and under what conditions one’s own pleadings can be amended? What is the law relating to subsequent pleading? (10 marks)
III Write Short Notes on any three covering not more than one paragraph: (5 marks each)
(a) Primary and Secondary evidence,
(b) Burden of proof and on whom it lies?
(c) Legal presumptions of the existence of certain facts.
(d) Opinion evidence
(e) Remedy open to a stranger to the suit who is dispossessed or
attempted to be dispossessed by a receiver appointed by Court.
(f) Necessary, proper and pro forma parties.
IV What are the principles regarding drafting of pleadings? How to include material facts and particulars in the pleadings? (5 marks)
V Answer any three (5 marks each)
What will you do in the following contingencies?
(a) A plaint, application or Execution petition filed before you is found defective.
(b) You are absent on a working day and the cases posted for that day are to be adjourned.
(c) A judgement debtor arrested and brought before you in execution of a money decree says that he is physically unfit to be sent to the civil prison. Do you think it necessary to consider that statement?
(d) A judgment debtor arrested and brought before you in execution of a money decree has to be sent to the civil prison. But the decree-holder fails to remit the detention batta and allowances.
VI Answer any three: (5 marks each)
(a) Requisites of a valid acknowledgment in writing?
(b) On what grounds can an appeal or application be admitted after expiry of the prescribed period of limitation and under what provision?
(c) What is the period of limitation for execution of a decree (other than a mandatory injunction decree) or order of any civil Court? What is the starting point of limitation and under what provision?
(d) What is the legal effect of a claim being barred by limitation?
(e) What constitutes adverse possession? When it starts and when the title will become complete?
VII Answer any two: (5 marks)
(a) When is a contract concluded and when can the offer be withdrawn?
(b) What is a contract of indemnity?
(c) What is the liability of a surety?
Vlll Answer any two: (5 marks)
(a) A person in wrongful possession of immovable property having no title except possession is dispossessed. What is his remedy before a civil Court under the Specific Relief Act and what is the time limit for seeking the relief?
(b) What are the conditions to be fulfilled for enforcing specific performance of an agreement for sale of immovable property? Is the remedy as of right or only discretionary?
(c) What are the main considerations in granting or refusing temporary injunction?