Maharashtra Judicial Service Civil Judge 2012 Paper-I

Maharashtra Judicial Service Civil Judge 2012 Paper-I Question Paper

1. Write a Judgement on the basis of the facts narrated below ;
While writing Judgement :
(a) Adhere to the contents of Judgement as required under the Code of Civil Procedure.
(b) Frame and answer the issues properly.
(c) Wherever necessary, fill up details from your imagination.
(d) Give legal, logical and proper reasons for your findings.
(e) Conclude the Judgement with a proper Operative Order.

Averments in the Plaint
Plaintiff claims that he has agreed to purchase from defendant agricultural land bearing Survey No. 57 situated at Haveli District, Pune for consideration of Rupees two lac fifty thousand by executing an agreement of sale dt. 6.3.2009. On the date of agreement he has given to defendant earnest amount of Rupees fifty thousand and he was put in possession of the land. Sale deed was to be executed within six months from the date of agreement. As defendant failed to do so, plaintiff has filed this suit for specific performance of contract and in the alternate for refund of earnest amount with interest and compensation.
Averments in the Written Statement
Defendant resisted the suit by contending that agreement is not enforceable as it was executed only as a security for loan amount of Rupees fifty thousand which he had borrowed from plaintiff for higher education of his daughter. He has repaid the loan amount of Rupees thirty thousand and was ready to repay the balance amount of Rupees twenty thousand. Plaintiff was never put in possession of the suit land. Plaintiff has suppressed these material facts. Plaintiff has also not pleaded his readiness and willingness to perform his part of the contract nor issued any notice to him before filing of this suit. Hence on all these grounds plaintiffs suit is liable to be dismissed with costs.

2. Answer any two of the following sub-questions :
(a) Discuss the statement “there is no difference between error within jurisdiction and error outside jurisdiction”.
(b) Discuss provisions relating to arrest and detention of Judgement debtor in civil prison in execution proceedings.
(c) Discuss the statement “Judgement and Decree are one and the same”.

3. Write short notes on any four of the following :
(a) Costs, compensatory costs and costs for causing delay.
(b) Difference between Restitution and Restoration of suit.
(c) Powers of Appellate Court.
(d) Rights, duties and liabilities of partners inter se and to third parties.
(e) Stoppage in transit.

4. Answer any two of the following sub-questions :
(a) Explain in detail the terms ‘Subrogation’, ‘Redemption’, ‘Tacking’ and ‘Foreclosure’ with reference to mortgage of property.
(b) Explain in detail ‘Transfer of property for the benefit of unborn person’ with reference to ‘Rule against perpetuity’ and ‘Vested interests’.
(c) Elaborate the correctness of the statement “A lessor cannot determine the lease so long as the lessee pays the rent”.

5. Answer any two of the following sub-questions :
(a) Discuss the statement “All contracts cannot be specifically enforceable”.
(b) Discuss the circumstances under which injunction can be granted and cannot
6. Answer any two of the following sub-questions :
(a) Discuss the circumstances which render the Agreement void.
(b) Discuss the relations resembling those created by contract.
(c) Discuss the statement “Every breach of contract entails payment of compensation”.