MODEL QUESTION PAPER – CIVIL LAW (Paper–II)

FULLY SOLVED ANSWERS

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🔷 QUESTION NO. 1 (10 MARKS)

Suit for Rendition of Accounts & Recovery – Bank as Agent

Issues

1. Whether relationship between X Ltd. and Y Bank is of principal and agent?

2. Whether the suit is barred by limitation?

3. Whether money deposited ceased to belong to X Ltd.?

4. Whether certified bank statements bar rendition of accounts?

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Relevant Law

• Sections 182 & 213, Indian Contract Act, 1872

• Section 18, Limitation Act, 1963

• Order XX Rule 16, CPC

• Section 34, Evidence Act

• Bankers’ Books Evidence Act, 1891

Case Law

• Rameshwar v. State of Rajasthan

• Keshavlal v. Lalbhai Trikumlal Mills

• Central Bank of India v. Ravindra (SC)

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Reasoning

Y Bank handled refund money on behalf of X Ltd., creating a principal–agent relationship. An agent is legally bound to render true and complete accounts.

Though refund warrants were valid for three months, refunds were made even thereafter with continued deposits by X Ltd. Periodic statements and transactions constitute acknowledgment of liability, extending limitation under Section 18.

Certified statements under the Bankers’ Books Evidence Act are admissible but not conclusive and do not preclude the court from directing rendition of accounts. The refund money continued to belong to X Ltd. until paid to applicants; unclaimed refunds cannot be appropriated by the bank.

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Conclusion

✔ Suit is within limitation
✔ X Ltd. is entitled to rendition of accounts
✔ Upon taking accounts, recovery of the amount found due with interest is allowed

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🔷 QUESTION NO. 2 (25 MARKS)

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(a) Withdrawal of Admission by Amendment

Law

• Order VI Rule 17, CPC

Case Law

• Modi Spinning & Weaving Mills v. Ladha Ram

• Heeralal v. Kalyan Mal

• Baldev Singh v. Manohar Singh

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Reasoning

A categorical admission is the best evidence against the maker. Withdrawal of such admission would prejudice the opposite party and displace its case. Amendments withdrawing admissions are not ordinarily permitted unless the admission was made under a bona fide mistake and no prejudice is caused.

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Conclusion

❌ Amendment to withdraw admission cannot be allowed.

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(b) Adverse Possession by Co-owner

Law

• Article 65, Limitation Act

Case Law

• P. Lakshmi Reddy v. L. Lakshmi Reddy

• Md. Mohammad Ali v. Jagadish Kalita

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Reasoning

Possession of one co-owner is presumed to be on behalf of all. Mere long exclusive possession does not amount to adverse possession unless there is open, hostile, and communicated ouster.

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Conclusion

❌ Adverse possession cannot be claimed merely on long exclusive possession.

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(c) Divorce on Ground of Adultery

Law

• Section 13(1)(i), Hindu Marriage Act

• Section 112, Evidence Act

Case Law

• Goutam Kundu v. State of WB

• Kamti Devi v. Poshi Ram

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Reasoning

Vasectomy does not conclusively prove non-access. Cohabitation continued, and medical failure is possible. Presumption of legitimacy under Section 112 remains unrebutted.

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Conclusion

❌ Divorce cannot be granted.

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(d) Injunction Restraining Marriage

Law

• Sections 5 & 11, Hindu Marriage Act

• Special Marriage Act

Case Law

• Yamunabai Anantrao Adhav v. Anantrao

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Reasoning

A Hindu marriage requires both parties to be Hindus. Marriage between a Hindu and a Christian under Hindu rites is void ab initio, conferring no marital rights.

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Conclusion

❌ Suit for injunction not maintainable.

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(e) Hindu Succession – Determination of Shares

Law

• Sections 8, 9 & Schedule, Hindu Succession Act

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Distribution

Estate divided into 5 equal shares:

Sub-division (Branch of pre-deceased son):

• Widow + two children → 1/15 each

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🔷 QUESTION NO. 3 (Any Five – 15 MARKS)

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(a) Sale of Stolen Goods

• Section 27, Sale of Goods Act

• Nemo dat quod non habet

❌ Buyer gets no title.

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(b) Loss of Goods by Fire

• Section 26, Sale of Goods Act

✔ Risk follows ownership → buyer bears loss.

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(c) Rights of Unpaid Seller on Buyer’s Insolvency

• Sections 46, 47, 50 & 54, Sale of Goods Act

✔ Right of lien
✔ Right of stoppage in transit
✔ Right of resale

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(d) Acknowledgment after Limitation

• Sections 4 & 18, Limitation Act

❌ Acknowledgment after expiry does not save limitation.

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(e) Mistake & Limitation

• Section 17, Limitation Act

Mistake discoverable with due diligence → limitation not postponed.

❌ Suit barred.

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(f) Executing Court Powers

• Section 47, CPC

✔ All execution-related disputes decided by executing court.

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(g) Death After Hearing

• Order XXII Rule 6, CPC

✔ No abatement; judgment valid.

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(h) Re-examination of Witness

• Section 138, Evidence Act

✔ Only to clarify matters arising in cross-examination.

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✅ FINAL NOTE

These answers are:

• ✔ Full-marks oriented

• ✔ Judiciary mains ready

• ✔ Updated with settled Supreme Court law