Maharashtra Judicial Service Civil Judge 2016 Paper-I
Maharashtra Judicial Service Civil Judge 2016 Paper-I Question Paper
Total marks – 200 Duration – 3 hours
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 the details from your imagination.
(d) give legal, logical and proper reasons for your findings.
(e) conclude the Judgement with a proper operative order.
Suit Properties : Gat No. 817, 820 and 828 Situated at Village Bhada,
Tal. Ausa, District Latur
Facts for the Judgement
One Ashok Amol Desai was the owner of the suit properties. On 1.10.2004, he entered into an agreement of sale of the suit properties with plaintiff Ram Lalit Mane; for the total consideration of Rs. 4,00,000. On the date of the agreement the plaintiff gave Rs. 1,00,000 to Ashok Desai towards earnest money. It was agreed that Ashok Desai would obtain requisite permission of the authorities for sale of the suit properties and thereafter within one month the sale-deed would be executed on payment of balance consideration. Ashok died on 11.10.2006. The plaintiff approached the son of Ashok Desai, namely, Arvind in January 2008. Arvind denied the transaction. Plaintiff issued a legal notice dt 30.9.2010. Arvind did not respond to the notice. Hence Ram filed a suit for specific performance of contract and alternatively for refund of earnest money.
Defendant’s case :
Defendant denied the transaction and took the defence that the plaintiff had fraudulently took the signature of his father on blank paper as the father of the defendant was in need of money and therefore obtained a loan of Rs. 1,00,000 from the plaintiff.
Take by imagination, based on pleadings.
2. Answer any two of the following sub-questions :
(a) What is decree ? Explain the difference between Preliminary decree and Final decree. Whether a preliminary decree can be executed ?
(b) Explain the difference between Section 5 and Section 6 of the Specific Relief Act, 1963.
(c) When is a suit for Declaration, Possession and Injunction required to be filed ? When is a suit for Possession and Injunction required to be filed ?
3. Write short notes on any four of the following:
(a) Vested and Contingent interest
(b) Transfer by one Co-owner
(c) Marshalling Securities
(d) Difference between courts of limited jurisdiction and courts of unlimited jurisdiction
(e) Cause of action and when it can be said that a cause of action arose partly
(f) Necessary and Proper parties
4. Answer any two of the following sub-questions :
(a) Explain the need for temporary injunction to create third party interest in suits for specific performance of contract vis-a-vis provision of lis-pendence in Transfer of Property Act, 1882.
(b) Under what circumstances specific performance of contract cannot be enforced ?
(c) What is part performance of contract with reference to specific performance of contract ?
5. Answer any four of the following sub-questions :
(a) Define consent. When is consent said to be free ?
(b) What is the importance of consideration under Contract Act, 1872 ?
(c) Define Contract of Guarantee and Continuing Guarantee.
(d) Explain the difference between Pledge and Mortgage.
(e) Explain the concept of fiduciary relationship between Principal and Agent.
6. Answer any two of the following sub-questions :
(a) Explain the different modes of service of summons under the Code of Civil Procedure, 1908.
(b) Explain the difference between exparte decree and exparte order. What are the grounds to set aside exparte decree ?
(c) What is the principle of res-judicata and constructive res-judicata ? Explain the difference between res-judicata and Order 2 Rule 2 of the Code of Civil Procedure, 1908.
(d) Explain the difference between Preliminary issue under Section 9-A and Order 14 Rule 2 of the CPC.