Rajasthan High Court Civil Judge 2017: Civil Judge Cadre, Main Examination, Law Paper I

Note: Attempt all questions. Marks of each question are mentioned
           against the question.

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 Question No.1                                                [2 Marks]
          A person, who creates resistance in execution of a decree, what
 remedies are available to decree holder against such person?

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Question      No.2                                            [2 Marks]
          Explain the circumstances, in which subsequent pleading (rejoinder)
may be filed. ls there any limitation provided in law for filing subsequent
pleading?

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Question No.3                                                [2 Marksl
          Under the provisions of Specific Relief Act, 1963, what remedies are
available to a person dispossessed from the immovable property, Explain.

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Question No.4                                                [3 Marksl
          Describe the pre-requisites for filing suit against the munjcipality or
its officers under the Rajasthan Municipality Act, 2009.

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Question No.5                                                [3 Marks]
         Explain the prohibitions imposed on Civil Courts under section 305 of
the Rajasthan Municipality Act, 2009.
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        Question No.6                                                   [3 Marks]          tr
                ldentify the kind of following easement:

         a. A right of way annexed to "A's house over "B's land.
         b. A right annexed to "A's house to prevent "B" from building                on his
         own land.

         c. A right annexed to "B's house to receive light by the windows without
         obstructions by his neighbor "A".
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         Question No.7                                                    [3 Marks]

                 Hindu male "A", to enter into marriage with a Hindu female "B" on
          1,0.03.2017. "C", a christian lady, files a suit for permanent injunction to
          restrain "A" from said marriage, on the ground that "A" had already
          married with "C" on 22.08.201,6 in a temple as per the Hindu rituals. As she
          is a legally wedded so "A" has no right to marry again.

                 Whether, "C" is entitled to get injunction? Give answer applying
          relevant provisions of Hindu Marriage Act, 1955.

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          question No.8                                                  [4 Marksl

                 What is "Privileged Communication" under lndian Evidence Act?
          Describe its kinds, in brief.

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             Section 45 and 73 of lndian Evidence Act are complementary to
                                                                                  each
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Question No.10                                                   [4 Marks]
             Distinguish "lnvalid Decree" and ,,Void Decree,,. Whether a void
decree can be challenged in collateral proceedings, explain.

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Question No.11                                                   [4 Marks]
         "A" filed a criminal Complaint against ,.B,, for robbery. ,,A" and,,B,,
enter in to an agreement whereby, ,,A,, agrees to withdraw the prosecution
on "B's promise to give value of the stolen property.

         ls this agreement enforceable? Answer with reasons.

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Question No.12                                                   [+ Marks]f-l
      After retirement of a partner, a partnership firm took loan from bank
and failed to repay it. The bank filcd recovery suit wherein the retired
partner was also impleaded as one of the defendants. The bank stated, that
retirement of the partner was not disclosed to the bank and impression
was given that he continues to be a partner.

      The defence of the retire partner was that since, he had retired,
could not be made liable and there was no basis for the bank to presume
that he continued to be a partner. He did not sign any document when loan
was advanced to the firm.

Question No,20                                                 [6 Marks]
           Doctrine of Part performance, provided in section 53-A of Transfer of
Property Act, is a right as well as defence. Discuss.

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Question No.21                                                 [6 Marks]
          StatinB "TALAK" three times, is a valid form of Divorce under Muslim
Law? Discuss in the light of recentjudgment of Hon'ble Apex Court.

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Question No.22                                                 [6 Marksl

          Do you think that the Hindu Succession (Amendment) Act, 2005, has
removed the gender discrepancy and Hindu female have equal rights to
ProPerty. Discuss.

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Question No.23                                                 [6 Marks]

          ln which lands, Khatedari rights shall not accrue under Rajasthan
Tenancy Act, explain.

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     Question No.24

          Write a reasoned judgment on the following facts:
                                                               [10 Marks]
                                                                            I
Pleadings of the Suit

      Plaintiff and defendant are familiar to each other. On 77.O7.2014, tot
the sake of personal necessity, the defendant borrowed Rs. 187690/ from
the plaintiff and agreed to return the money after one year with 20%
annual rate of interest and accordingly a written agreement was executed.
After stipulated period, despite demand, defendant did not return the
principal amount and interest thereon. Plaintiff sought decree for Rs.