PROBLEM-BASED CIVIL LAW INTERVIEW QUESTIONS

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PROBLEM-BASED CIVIL LAW INTERVIEW QUESTIONS

(CPC · TPA · Contract · Limitation · Jurisdiction · Evidence)

Problem 1: Bar of Jurisdiction

Question:
A statute creates a special tribunal but does not expressly bar civil court jurisdiction. Plaintiff files a civil suit.

Judicial Answer:

Civil court jurisdiction is not excluded unless expressly or impliedly barred.
Applying the tests in Dhulabhai v. State of M.P., the civil court can entertain the suit if the statute does not provide adequate remedy.

Problem 2: Inherent Powers vs Express Provision

Question:
Plaintiff seeks temporary injunction but Order 39 requirements are not satisfied. Can court still grant injunction?

Judicial Answer:

Yes, in exceptional cases.
Under Manohar Lal Chopra v. Seth Hiralal, courts may invoke Section 151 CPC when justice demands and no express bar exists.

Problem 3: Ex-parte Decree

Question:
Defendant remains absent. Can court decree the suit without evidence?

Judicial Answer:

No. Even in ex-parte proceedings, plaintiff must prove his case.
Held in Ramesh Chand Ardawatiya v. Anil Panjwani.

Problem 4: Res Judicata at Interlocutory Stage

Question:
An issue decided at interim stage is reopened at final hearing.

Judicial Answer:

Doctrine of res judicata applies at different stages of the same proceeding.
As held in Satyadhyan Ghosal v. Deorajin Debi.

Problem 5: Order 2 Rule 2 CPC

Question:
Plaintiff files second suit for relief omitted in first suit arising from same cause of action.

Judicial Answer:

Second suit is barred under Order 2 Rule 2 CPC.
All reliefs must be claimed in one suit, as held in Gurbux Singh v. Bhooralal.

Problem 6: Jurisdictional Defect

Question:
Decree passed by a court lacking pecuniary jurisdiction.

Judicial Answer:

Such decree is a nullity and can be challenged even in execution.
Laid down in Kiran Singh v. Chaman Paswan.

Problem 7: Injunction or Declaration?

Question:
Plaintiff in possession seeks injunction; title is disputed.

Judicial Answer:

When title is seriously disputed, suit for declaration with consequential relief is proper.
Guidelines laid down in Anathula Sudhakar v. P. Buchi Reddy.

Problem 8: Agreement to Sell

Question:
Buyer claims ownership on basis of agreement to sell.

Judicial Answer:

Agreement to sell does not create any right or interest in property.
Held in Narandas Karsondas v. S.A. Kamtam.

Problem 9: GPA Sale

Question:
Property transferred through GPA, Will, and Agreement.

Judicial Answer:

Such transactions do not convey title.
Clarified in Suraj Lamp v. State of Haryana.

Problem 10: Part Performance (Section 53A TPA)

Question:
Transferee claims protection though contract is unregistered.

Judicial Answer:

Post-2001 amendment, unregistered contracts cannot invoke Section 53A.
Earlier conditions explained in Nathu Lal v. Phool Chand.

Problem 11: Limitation

Question:
Suit filed beyond prescribed period; plaintiff claims ignorance.

Judicial Answer:

Limitation begins when the right to sue accrues, not from knowledge.
Held in Khatri Hotels v. Union of India.

Problem 12: Void vs Voidable Document

Question:
Challenge to void document after many years.

Judicial Answer:

Void documents can be challenged at any time; limitation does not apply strictly.
Held in Prem Singh v. Birbal.

Problem 13: Minor’s Contract

Question:
Minor borrows money and executes agreement.

Judicial Answer:

Agreement is void ab initio and unenforceable.
Settled in Mohori Bibee v. Dharmodas Ghose.

Problem 14: Unconscionable Contract

Question:
Employment contract allows termination without reason.

Judicial Answer:

Such clause may be struck down as unconscionable and opposed to public policy.
Held in Central Inland Water Transport v. Brojo Nath.

Problem 15: Burden of Proof

Question:
Defendant denies plaintiff’s title but leads no evidence.

Judicial Answer:

Burden lies on party asserting a fact.
Explained in Rangammal v. Kuppuswami.

Problem 16: Adverse Inference

Question:
Plaintiff avoids entering witness box.

Judicial Answer:

Court may draw adverse inference under Evidence Act.
Held in Vidhyadhar v. Manikrao.

Problem 17: Natural Justice

Question:
Administrative order affects civil rights without hearing.

Judicial Answer:

Violates principles of natural justice.
Recognized in A.K. Kraipak v. Union of India and Binapani Dei.

Problem 18: Delay & Laches

Question:
Equitable relief sought after long delay.

Judicial Answer:

Delay defeats equity; discretionary relief may be refused.

Problem 19: Amendment of Pleadings

Question:
Amendment sought after trial commenced.

Judicial Answer:

Post-trial amendments allowed only if due diligence shown.

Problem 20: Execution Stage Objection

Question:
Judgment-debtor challenges decree during execution.

Judicial Answer:

Only jurisdictional defects can be raised at execution stage.

🎯 HOW INTERVIEWERS MARK YOU

✔ Identify core issue
✔ Apply correct provision
✔ Cite one case
✔ Deliver balanced conclusion

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