HIGH COURT OF KERALA
WRITTEN EXAMINATION FOR SELECTION OF MUNSIFFS, 1990
Saturday, 7th April, 1990
Marks : 100 Time :Three Hours
I Answer any three: (5 marks each)
(a) What are the causes contemplated under Specific Relief Act in which the relief of injunction cannot be granted?
(b) Can injunction be granted to perform a negative agreement? If so when?
(c) Generally a contract muse be specifically enforced as a whole. Are there any exceptions? If so, what are they and how can part of a contract be specifically enforced?
(d) A guardian of a minor agrees to sell minor’s property at a fixed price subject to sanction of Court. Court granted sanction but at a higher price. Is the purchaser entitled to enforce the agreement at the original price?
II. Write Short Notes on any three: (5 marks each)
(b) Burden of Proof.
(c) Res Gestae.
(d) Counter claim.
(f) Garnishee Proceedings.
III (a)What are the guiding principles in the matter of drafting of pleading? (5 marks)
(b) When can a Court strike out pleadings in a proceeding? (5 marks)
(c) A judgment debtor against whom a warrant of arrest has been issued requests the Court to cancel the warrant on the ground that he is suffering from Asthma. Can the warrant be cancelled? (5 marks)
IV. (a) What is the procedure to be followed if a person residing outside the local limits of the jurisdiction of the Court has to be arrested under the provisions of the Code of Civil Procedure not relating to execution of decrees? Is there any difference if that person is sought to be arrested in execution of a decree? (5 marks)
(b) What are the properties and particulars exempt from attachment and sale in execution of a of a decree? (5 marks)
(c) A obtained a decree against the State of Kerala on 20/03/1990 and obtained a copy of the decree on 31/03/1990. When can he file a petition for execution? On filing the execution petition what is the procedure to be followed by the Court? (5 marks)
V. (a) What are the ordinary methods of proving the handwriting? (5 marks)
(b) What is secondary evidence? Mention the cases in which secondary evidence relating to documents can be given? (5 marks)
(c) What is the remedy available if a claim petition filed under Order XXI Rule 58 C.P.C is
(i) dismissed as unnecessarily delayed?
(ii) allowed after adjudication? (5 marks)
VI (a) What is the provision that enables the Court to admit an appeal or application presented after the prescribed period of limitation? Is any application excluded from that provision? State the grounds on which the appeal or application can be admitted? (5 marks)
(b) What is the period of limitation for an application:
(i) for enforcement of a decree granting perpetual injunction?
(ii) for enforcement of a decree granting mandatory injunction? (5 marks)
VII (a) What is ‘free consent’ under the Indian Contract Act? (5 marks)
(b) An agreement without consideration is ‘void’. Are there any exceptions? Is so what are they? (5m marks)
(c) What is the liability of a surety? (5 marks)