⚖️ CIVIL JUDGE MOCK INTERVIEW

(Civil-Heavy Panel | CPC · TPA · Contract · Evidence · Jurisdiction)

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🧑‍⚖️ Justice A (CPC & Jurisdiction)

Q1. What is the scope of Section 9 CPC?

Model Answer:

Section 9 confers wide jurisdiction on civil courts to try all suits of civil nature unless expressly or impliedly barred.
The exclusion tests were laid down in Dhulabhai v. State of M.P..

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Q2. A decree is passed by a court lacking territorial jurisdiction. Is it a nullity?

Model Answer:

No. Objections to territorial or pecuniary jurisdiction must be taken at the earliest.
Only inherent lack of subject-matter jurisdiction renders a decree nullity, as explained in Kiran Singh v. Chaman Paswan.

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Q3. Can inherent powers under Section 151 CPC override express provisions?

Model Answer:

No. Section 151 cannot be exercised contrary to express provisions.
However, in absence of specific provision, inherent powers may be invoked to secure justice, as held in Manohar Lal Chopra v. Seth Hiralal.

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🧑‍⚖️ Justice B (Property & Contract Law)

Q4. Does an agreement to sell create any interest in immovable property?

Model Answer:

No. An agreement to sell does not create any right or interest in property.
This is settled in Narandas Karsondas v. S.A. Kamtam.

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Q5. Can possession under an unregistered agreement be protected?

Model Answer:

After the 2001 amendment, Section 53A TPA protection is not available unless the contract is registered.
Earlier principles were explained in Nathu Lal v. Phool Chand.

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Q6. What is the validity of GPA sales?

Model Answer:

GPA, Will or Agreement transactions do not convey title.
Clarified by the Supreme Court in Suraj Lamp v. State of Haryana.

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🧑‍⚖️ Justice C (Evidence & Trial Management)

Q7. Who bears the burden of proof in civil cases?

Model Answer:

The burden lies on the party who asserts a fact.
This principle was reiterated in Rangammal v. Kuppuswami.

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Q8. What inference can be drawn if a party avoids the witness box?

Model Answer:

The court may draw an adverse inference against such party.
Held in Vidhyadhar v. Manikrao.

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Q9. Can a court decree a suit merely because defendant is absent?

Model Answer:

No. Even in ex-parte cases, the plaintiff must prove the case.
Laid down in Ramesh Chand Ardawatiya v. Anil Panjwani.

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🧑‍⚖️ Justice A (Limitation & Remedies)

Q10. When does limitation start running?

Model Answer:

Limitation starts when the right to sue first accrues.
Held in Khatri Hotels v. Union of India.

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Q11. Can a void document be challenged at any time?

Model Answer:

Yes. A void document can be challenged at any stage.
This was clarified in Prem Singh v. Birbal.

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🧑‍⚖️ Justice B (Declaratory & Injunctive Reliefs)

Q12. When should a plaintiff file a suit for declaration instead of injunction?

Model Answer:

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

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Q13. Is delay a ground to refuse injunction?

Model Answer:

Yes. Injunction is an equitable relief and delay defeats equity.

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🧑‍⚖️ Justice C (Res Judicata & Procedure)

Q14. Does res judicata apply to interlocutory orders?

Model Answer:

Yes, it applies at different stages of the same proceeding.
Held in Satyadhyan Ghosal v. Deorajin Debi.

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Q15. What is the effect of Order 2 Rule 2 CPC?

Model Answer:

All reliefs arising from the same cause of action must be claimed in one suit.
Failure bars subsequent suits, as held in Gurbux Singh v. Bhooralal.

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🎯 FINAL PANEL QUESTION (Judicial Temperament)

Justice A: “What will guide your discretion as a Civil Judge?”

Model Answer:

My discretion will be guided by statutory provisions, binding precedents, principles of equity, and constitutional values of fairness and reasonableness.

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🏆 INTERVIEW SCORING KEY (INSIDER)

✔ Correct provision
✔ One relevant case
✔ Balanced reasoning
✔ Calm, neutral tone