Maharashtra Judicial Service Civil Judge 2014 Paper-I

Maharashtra Judicial Service Civil Judge 2014 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) whenever necessary, fill up the 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 and Defendant No. 1 start business in partnership investing 1/2 share each in the capital of the business. Defendant No. 2 is the brother of Defendant No. 1. He gives his premises for running the business without charging any rent. Subsequently Defendant No. 1 retires and his minor son is accepted as partner. After some period, plaintiff files a suit for dissolution of partnership firm claiming half share in capital and profit and requesting the court for settlement of accounts.
Averments in the written statement
Defendants request for dismissal of the suit on following the grounds :
1. As partnership Firm is not registered, suit itself is not tenable.
2. Plaintiff alone cannot take a decision of dissolution of partnership. Defendants want to continue with the business.
3. Plaintiff does not have half the share in capital and profit. Defendant No. 2 is also a silent partner and entitled to 1/3rd share as the partnership premises belong to him.
4. As the son of Defendant No. 1 a is minor a suit is not tenable against him and his share cannot be liable for the loss, if any, in the business.

2. Answer any two of the following sub-questions :
(a) Discuss the statement “Exclusion of Civil Court’s jurisdiction is not to be readily inferred”.
(b) Discuss in detail provisions relating to execution of money decree from garnishee.
(c) “If one suit is disposed of, second suit in respect of the same property between the same parties cannot be tenable”. Discuss this statement.

3. Write short notes on any four of the following :
(a) Suits by or against corporations
(b) Rights and liabilities of mortgagee
(c) Execution of a decree for specific performance of contract
(d) Performance of Reciprocal Promises
(e) Suit for possession of immovable property based on previous possession

4. Answer any two of the following sub-questions :
(a) Discuss the relevant provisions of Injunction under the code of Civil Procedure and Injuction under the Specific Relief Act.
(b) Elaborate the correctness of the statement, “lease and licence are two different transactions”.
(c) Discuss under which circumstances specific performance cannot be granted ?

5. Answer any two of the following sub-questions :
(a) Discuss the terms ‘Ostensible owner and Fradulent owner’.
(b) Discuss whether the powers of the Court Commissioner and the Court Receiver are the same or different ?
(c) “Once goods are sold, the seller ceases to have any rights and liabilities”. Discuss the statement.

6. Answer any two of the following sub-questions :
(a) Discuss the statement, “Once the trial starts, amendment in pleadings cannot be permitted”.
(b) Discuss “onerous gifts” and “universal donee”.
(c) Discuss provisions relating to cancellation of instruments.
(d) Free Consent