Solution Past Papers CJ 2023 Civil Law 1.JJA

Past Paper Solutions
Civil Judge Exams Paper 2023

By: Mallik Zafar Khalil (founder)
Jinnah Judicial Academy

302-Sadiq Centre, 35-Lytton Road, Lahore.03000047057
Solution of Civil Judge Exams Papers 2023
Paper 1 Civil Law-1
Q. No. 1
Define and Differentiate
a) Pledge and Hypothecation
Pleage:
Section 172 of contract act.
"Pledge", "pawnor" and "pawnee" defined.–
The bailment of goods as security for payment of a debt or
performance of a promise is called "pledge".
The bailor is in this case called the "pawnor".
The bailee is called the "pawnee".
Hypothecation:
Hypothecation is creation of charge on movable property without
delivering them to the lender. It is transfer of an interest in specific
immovable property as security against loan.

b) Guarantee and indemnity

Guarantee
"Contract of guarantee", "surety", "principal debtor" and "creditor".–
A "contract of guarantee" is a contract
i. to perform the promise, or

ii. discharge the liability,
of a third person in case of his default.
Parties to contract of guarantee
Surety.
The person who gives the guarantee is called the "surety":
Principal debtor (accused) Judgement Debtor
the person in respect of whose default the guarantee is given is called
the "principal debtor" (accused ), and
Creditor (court)
the person to whom the guarantee is given is called the "creditor". A
guarantee may be either oral or written.
Indemnity:
"Contract of indemnity" defined.–
A contract by which one party promises to save the other from loss
caused to him
by the conduct of the promisor himself, or
by the conduct of any other person,
is called a "contract of indemnity".
Example: Insurance companies

Parties
indemnifier (Promisor) insurance company
Indemnity holder (Promisee) Insurance policy holder
c) Rescission and Revocation of contract

The difference between termination (revocation) and rescission of a
contract is that a terminated contract becomes unenforceable starting
on the date of the termination, whereas a rescinded contract is treated
as if there had never been a contract at all.
d) trust and bailment
Trust:

A trust is a legal entity with separate and distinct rights, similar to a

person or corporation. In a trust, a party known as a trustor gives
another party, the trustee, the right to hold title to and manage
property or assets for the benefit of a third party, the beneficiary.
Bailment:
A "bailment" is the delivery of goods by one person to another
for some purpose,
upon a contract that they shall,
when the purpose is accomplished,
be returned or
otherwise disposed of according to the directions of the person
delivering them.
Parties to contract of bailment
The person delivering the goods is called the "bailor". Amir
The person to whom they are delivered is called the "bailee". Tailor
(Transporter)
Explanation.–
If a person already in possession of the goods of another contracts to
hold them as a bailee, (A.k Transporters)
he thereby becomes the bailee,
and the owner becomes the bailor, of such goods although they may
not have been delivered by way of bailment.

Q. no. 2
Answer:
Yes, A can plead defence under the doctrine of frustration.
Relevant Provision:
Section 56 Contract act 1872
Supportive Arguments:
Section 56 of contract tells
Agreement to do impossible act.–
An agreement to do an act impossible in itself is void.
Contract of frustration
If due to changes in circumstance, the performance of contract
become impossible it called Contract of frustration.
Contract to do act afterwards becoming impossible or unlawful.–

A contract to do an act which, after the contract is made, becomes

impossible, or, by reason of some event which the promisor could not
prevent, unlawful, becomes void when the act becomes impossible or
unlawful.
Requisite conditions for plea of frustration:

A contract will frustrate where circumstance arise which make the
performance of contract impossible in the manner and at the time
contemplated.
Difference between doctrine of frustration and force majeure

The doctrine of frustration leads in contract termination if contract
performance turns impossible, but force majeure provisions can either
postpone or prolong the time for contractual obligations fulfillment.
Suggestion why plea of waiver of obligation under the concept of
Force Majeure is not available to A.
Force majeure provisions can either postpone or prolong the time is
not available to A because no know or predict the time COVID-19
attack. So, postponement of contract is not good deal in COVID-19
spread.
Q.No. 3

Answer:
C has remedy against both A (principal debtor) to the extent of
payment made to creditor more than the pledged stock. And he is
discharged to the extent of pledged stock.
Relevant Provision:
140,141,145 Contract Act
Supportive arguments:
Section 140 tells
Rights of surety on payment or performance.–
Where a guaranteed debt has become due, or default of the principal
debtor to perform a guaranteed duty has taken place,
the surety, upon payment or performance of all that he is liable for, is
invested with all the rights which the creditor had against the principal
debtor.
i.e
Surety have same rights as creditor have against principle debtor.
141. Surety's right to benefit of creditor's securities.–

A surety is entitled to the benefit of every security which the creditor

has against the principal debtor
at the time when the contract of surety ship is entered into,
whether the surety knows of the existence of such security or not;
and,
if the creditor loses, or, without the consent of the surety, parts with
such security,
the surety is discharged to the extent of the value of the security.
Illustrations
(a) C advances to B, his tenant, 2,000 Rupees on the guarantee of
A.C has also, a further security for the 2,000 Rupees by a mortgage of
B's furniture. C cancels the mortgage. B becomes insolvent, and C
sues A on his guarantee. A is discharged from liability to the amount
of the value of the furniture.
EXAMPLE other than bare act:
Ms. Iram lend Ms Saman 10 lac.
Mr. Usama stand surety for Ms Saman for whole amount.
Ms. Saman also give 5 tola gold (Rs. 5 lac) to Ms. Iram
Ms. Saman failed to pay on maturity date. 15.6.2022.
Surety is laible only to the extent of 5 lac.
145. Implied promise to indemnify surety.–

In every contract of guarantee there is an implied promise (by

circumstances of business) by the principal debtor to indemnify the
surety;
and
the surety is entitled to recover from the principal debtor whatever sum
he has rightfully paid under the guarantee,
but no sums which he has paid wrongfully.
Illustrations
(a) B is indebted to C, and A is surety for the debt. C demands
payment from A, and on his refusal sues him for the amount. A
defends the suit, having reasonable grounds for doing so, but is
compelled to pay the amount of the debt with costs. He can recover
from B the amount paid by him for costs, as well as the principal debt.
In this way, according to section 140, a surety, upon payment or
performance of all that he is liable for, is invested with all the rights
which the creditor had against the principal debtor.
And
According to section 141, a surety is entitled to the benefit of every
security which the creditor has against the principal debtor.
if the creditor loses, or, without the consent of the surety, parts with
such security,
the surety is discharged to the extent of the value of the security.
In this statement, B (bank) misappropriate the pledged stock, so C
(surety) is discharged to the extents of value of pledged stock and has

remedy against A (principal debtor) to extent of amount paid to B

(Bank) in performance of contract of surety.
Q. No. 4
Answer:
Section 9 of Guardian and wards act 1890.
Court having jurisdiction to entertain application.
(1) If the application is with respect to the guardianship of the person
of the minor, (body)
it shall be made to the District Court having jurisdiction in the place
where the minor ordinarily resides.
Example
If minor is residing in Lahore. Then court of Lahore has jurisdiction.
(2) If the application is with respect to the guardianship of the property
of the minor,

it may be made either

to the District Court having jurisdiction in the place where the minor
ordinarily resides or
to a District Court having jurisdiction in a place where he has property.
Example
If minor is residing in Lahore. Then court of Lahore has jurisdiction.
If property of minor is situate in Multan. Then court of Lahore or
multan has jurisdiction for application of guardianship of property.
(3) If an application with respect to guardianship of the property of a
minor is made to a District Court other than that having jurisdiction in
the place where the minor ordinarily resides,
the Court may return the application if in its opinion the application
would be disposed of more justly or conveniently by any other District
Court having jurisdiction.
Judgement:
IN THE COURT OF ABC, GUARDIAN JUDGE, LAHORE.
…….. Vs.……..
APPLICATION UNDER SECTION 25 OF THE GUARDIAN & WARDS ACT FOR THE
CUSTODY OF THE MINORS A & B.
Present:-

Hafiz Ch. M. Tahir advocate counsel for Applicant.
Muhammad Anzak Raja advocate on behalf of Respondent.
24.06.2023
Order:
Petitioner filed this petition for custody of minor being mother as natural
guardian and annex airline tickets and arrival entry endorsement at the airport for
establishing the jurisdiction of court for the purpose of this petition.
2. Respondent appeared and object that court have no jurisdiction to decide
this petition because the minors are not residing within the jurisdiction of court of
court.
3. Arguments heard. Record perused.
4. Perusal of records reveals that the petitioner and minors are residing within
the jurisdiction of court. On the other hand, respondent failed to prove his objection of
jurisdiction, and even don’t submit any documentary evidence that the petitioner and
minors are not residing within the jurisdiction of court. Hence, objection of respondent
overruled. The petition is maintainable.
Now come up for further proceeding for 14.7.2023
Announced: ABC
Guardian Judge,
Lahore.

Q. No. 5
Answer:
No, Subsequent marriage of the mother of minor daughter is not
disqualified her from custody of minor.
Relevant Provision:
Section 17 of Guardian and ward act 1890.
Section 17 of Guardian and ward act 1890 tells
Matters to be considered by the Court in appointing guardian.
(1) In appointing or declaring the guardian of a minor,
the Court shall, subject to the provisions of this
section, be guided by what, consistently with the law to which the
minor is subject, appears in the circumstances to be for the welfare of
the minor.
Definition of welfare of minor:
(2) In considering what will be for the welfare of the minor,
the Court shall have regard to the

age,
sex (gender) and
religion of the minor,
the character and capacity of the proposed guardian and
his nearness of kin to the minor,
the wishes, if any, of a deceased parent, and
any existing or previous relations of the proposed guardian with the
minor or his property.
(3) If the minor is old enough to form an intelligent preference, the
Court may consider that preference.
(5) The Court shall not appoint or declare any person to be a
guardian against this will.
Judicial Pronouncement by constitutional courts:

2023 MLD 218
Mst. FOZIA TASLEEM---Petitioner Versus ADDITIONAL DISTRICT
JUDGE
It is trite law that best welfare of a child is the paramount consideration
to determine the question of custody as stipulated in sections 7 and 17
of the Act. It is always hard and difficult to establish the right of the
father or the mother regarding custody of a child on the touchstone of
welfare. The term 'welfare' is an overarching concept which includes
material, intellectual, moral and spiritual well-being of the child. There
is judicial consensus to the effect that welfare of a child is to be
determined on the basis of evidence on record and circumstances of
each case. The prescribed principles of custody (Hizanat) ought to be

followed yet such principles in favour of father or mother can be
deviated in the supreme interest of child measured on the exclusive
yardstick of welfare. No absolute right vests with the father or mother
regarding custody of a child and in the presence of rival claims, the
supreme welfare of the child is to be determined on the basis of
evidence on record and prevalent circumstances of a particular case.
So, if welfare of minor lies to mother, second marriage of mother will

not bar her from granting the custody of minor.
Q. No. 6
Answer:
Being procedural law, limitation act only extinguish the right not
remedy.
Supportive Arguments
1992 MLD 2321
Dr. MAHMOODUR RAHMAN FAISAL Petitioner versus
GOVERNMENT OF PAKISTAN
The law of limitation, in fact, prescribes certain periods of limitation
within which suits and other actions may be instituted in a Court of
law. The law is based on certain considerations of public policy.
Firstly, they protect defendant from being vexed by old claims
pertaining to long passed matters, about which ocular or documentary

evidence may no longer be available. Secondly, the law of limitation
calls upon the plaintiff to seek the aid of justice vigilantly within a
reasonable time. This is based on the maxim that law helps the
"vigilant and not indolent". Thirdly, it is a matter of public policy that
the disputes, if any, must close and attain finality within a reasonable
time. The dispute, if any, should not hang on a person so as to
jeopardise the right of the other person against whom the right is
claimed. In the words of Lord Kenyon, the law of limitation is a "statute
of repose:"
8. It may, however, be clarified that the law of limitation does not

extinguish the right of a person in respect of his claim to a right of
property. It only debars from seeking the aid of the Court of law.
9. It may further be clarified that right of a person does not extinguish

or becomes time?barred uptil the day of judgment. An obligation in
terms of money, asset or property remains redeemable by a debtor or
transgressor. But the right to invoke the aid of Court may become
barred by time, fixed by the State. Moreover, as the law of limitation,
generally speaking, falls within the domain of procedural law and has
been kept outside the pale of jurisdiction of this Court as provided
under Article 203?B(c) of the Constitution, this Court is not competent
to examine the said provision of the procedural law.
Characteristics of Substantive and procedural law:
Substantive law establishes the rights and obligations that govern
people and organizations; it includes all laws of general and specific
applicability. Procedural law establishes the legal rules by which

substantive law is created, applied and enforced, particularly in a court
of law.
Q. No. 7. Whether a void order is immune from law of limitation?
What are the exceptions, explain.
Answer:
Yes, no limitation period run against void order.
“It is settled law that the bar of limitation would not operate in respect
of void orders but not in respect of erroneous orders. The question of '
limitation may not, therefore; arise in respect of a judgment which is a
nullity in law, void or ultra vires the statute or the constitution.
According to him in quite a recent judgment of the Hon’ble Supreme
Court of Pakistan reported as „Government of the Punjab through
Secretary, Excise and Taxation Department, Lahore and others
versus Metropole Cinema and others‟ (2014 SCMR 649), it was
observed by the apex Court that lenient view ought to be taken by this
Court regarding the question of limitation.
He further argues that since the impugned judgments and decrees
were void, the question of limitation would not stand in the way of the
appellant in that void orders/decrees are to be disregarded altogether.
In this respect, he has placed reliance upon the cases reported as
„Sherin and 4 others versus Fazal Muhammad and 4 others‟ (1995
SCMR 584) „Atlantic Carpets through Partner versus Messers
Emirates Bank International and another‟ (2000 MLD 2015), „Abdul
Ghafoor versus Kala‟ (PLJ 2001 Lahore 1175) and „Central Bank of
India Limited, Lahore through RSA No.155 of 2009. 6 Assistant
Custodian of Enemy Property (Banks) State Bank of Pakistan, Lahore
versus Messers Haji Sheikh Faiz Muhammad Din Muhammad,

Importers and Exporters through Managing Partner and 4 others‟
(2005 CLD 1723).
Exceptions:
Q. no. 8
Answer:
Yes, in case failure of reconciliation between husband and wife,
Family shall bound to pass decree of dissolution of marriage.
Relevant Provision:
Section 10 of The family court act 1964
In a suit for dissolution of marriage,
if reconciliation fails, the Family Court shall immediately pass a decree
for dissolution of marriage and, in case of dissolution of marriage
through khula,
may direct the wife to surrender up to fifty percent of her deferred
dower or up to twenty-five percent of her admitted prompt dower to the
husband.
Q. No. 9
Answer:
Section 13 the Punjab family court act 1964 tells
Enforcement of decrees.–
(4) The decree shall be executed by the Court, passing it or by such
other Civil Court as the District Judge may, by special or general
order, direct.
Section 25A the Punjab family court act 1964 tells
Transfer of cases.–
(1) Notwithstanding anything contained in any law the High Court may,
either
on the application of any party or

of its own accord, (suo moto)
by an order in writing–
(a) transfer any suit or proceeding (execution) under this Act
from one Family Court to another Family Court in the same district or
from a Family Court of one district to a Family Court of another district;
and
(b) transfer any appeal or proceeding under this Act, from
the District Court of one district to the District Court of another district.
(2) A District Court may, either on the application of
any party or
of its own accord, (suo moto)
by an order in writing,
transfer any suit or proceeding under this Act from one Family Court to
another Family Court in a district or to itself and dispose it of as a
Family Court.
[66][(2a) Where a Family Court remains vacant or the presiding officer
remains on leave or absent for any reason, except due to vacations,
for more than thirty days
a District Court may, either on the application of any party or of its own
accord, by order in writing, transfer any suit or proceeding from
such Family Court to another Family Court in a District or to itself and
disposed it of as a Family Court.

(2b) On the application of any of the parties and after notice to. the
parties and after hearing such of them as desire to be heard, or of its
own motion without such notice,
the Supreme Court may at any stage transfer any suit, appeal or other
proceedings under this Act pending before a Court in one Province to
a Court in another Province,
competent to try or dispose of the same.]
(3) Any Court to which a
suit,
appeal or
proceeding is transferred under the preceding sub-sections,
shall, notwithstanding anything contained in this Act, have the
jurisdiction to dispose it of in the manner as if it were instituted or filed
before it:
Q. No. 10

Answer:
Suit for specific performance by C is not maintainable.
Relevant Provision:
Section 10 The Punjab Rented Premises Act 2009
Discussion:
Section 10 The Punjab Rented Premises Act 2009 tells
An agreement to sell or any other agreement entered into between the
landlord and the tenant,
after the execution of a tenancy agreement, in respect of premises
and for a matter other than a matter provided under the tenancy
agreement,
shall not affect the relationship of landlord and tenant
unless
the tenancy is revoked through a written agreement entered before
the Rent Registrar in accordance with the provisions of section 5.
So, the agreement between A and B for rented building is in progress.

B is tenant not owner of building; he has no legal authority to sell the
rented building during the continuous of tenancy agreement. Section
10 tells that agreement to sell or other agreement shall not affect the
relationship of landlord and tenant unless tenancy is revoked.
In this way, suit for specific performance is not maintainable because
according to statement no tenancy agreement is revoked between A

and B. So, other agreement of sale shall not affect the tenancy
existing.


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Civil Judge Exams Paper 2023

Jinnah Judicial Academy

Paper 1 Civil Law-1

Jinnah Judicial Academy

b) Guarantee and indemnity

i. to perform the promise, or

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c) Rescission and Revocation of contract

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A trust is a legal entity with separate and distinct rights, similar to a

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Jinnah Judicial Academy

A contract to do an act which, after the contract is made, becomes

Requisite conditions for plea of frustration:

Difference between doctrine of frustration and force majeure

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Jinnah Judicial Academy

A surety is entitled to the benefit of every security which the creditor

Jinnah Judicial Academy

In every contract of guarantee there is an implied promise (by

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remedy against A (principal debtor) to extent of amount paid to B

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it may be made either

IN THE COURT OF ABC, GUARDIAN JUDGE, LAHORE.

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Hafiz Ch. M. Tahir advocate counsel for Applicant.

Muhammad Anzak Raja advocate on behalf of Respondent.

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Jinnah Judicial Academy

Judicial Pronouncement by constitutional courts:

each case. The prescribed principles of custody (Hizanat) ought to be

So, if welfare of minor lies to mother, second marriage of mother will

pertaining to long passed matters, about which ocular or documentary

8. It may, however, be clarified that the law of limitation does not

9. It may further be clarified that right of a person does not extinguish

applicability. Procedural law establishes the legal rules by which

versus Messers Haji Sheikh Faiz Muhammad Din Muhammad,

on the application of any party or

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Jinnah Judicial Academy

So, the agreement between A and B for rented building is in progress.

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Jinnah Judicial Academy

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