Rajasthan High Court Civil Judge 2018: Civil Judge Cadre, Main Examination, Law Paper I

cooE No.
                                                                                     Not to be lllled by the Candtdate




Time: 3 Hours                                                                            Maximum Marks:100




I Wnte the.equir.d pa.ticular3 only on the fl.p provided on the top ol "Qu€ttion PaD.Fcum.An3{.r Book,,r and notat

? oo nol write.ny mark ol ide.lity ,.sid. rhe "Que('oh Paper<ufr A.twer Book, (n.tuding pape/ tor rouah srkli.e
    Roll o,li.me, Addrcst Mobil. No /r.hpho.e flo, Nad. olGod €r. 6, any ir.etevanr word 6ther lhan rhe aro*er           I

    ol quesrion Such act will be Ueared ar unfan means rn such a catc his candidarure shatt be rejected for the ennre

r  A.andidate ,ound.r.ati.g d6tur6ance at rhe er.manation cenlr. or misbehavine w'th tnv€i.rinA Statt or cheati^*
   will render him labl. ior diqualiliotlon. He sh.ll .ls be liabte lor penat a.rion under rhe R.jasrhan pubtc
   Eramin.tion lPrevention ol l,hla r Mea.3)Act,1992
.. Th. numb€r ol quesrio.s and then markare lndEited in rhe "Qlestion Peper.um.ABwer Ooot"
! The aB*eB of rhe quesrions should nridly b. wnn.n in rhe sp... Orovided bctow qu€iio. and nor elsewher.,
   olherwise,suchan5*4, shallnol oe a\\.$Fd bv rlF.ran'h.,
t The candid.te thould wril. the antw.c in the Drov'ded tpace No Slpplem.ntary ABw.r Aook thall be prov'ded in
7 Sp.cfy an o9rio. ol l.ng!.Ee H ndi o. lnglth, bt ticlmg v/ in box ol "Mdtu6 ol Arg.r" on rhe flap and anse€r ,n
    th. same opled lanEu.ge.
& h anyquenron, ilth.reisany d&..pancvm analirh & Hind' @6ions, the EnEnsh wRio. rstobe keated a3 rtandard,
r ln.as. rhe'Querr'on paper<um Answ.r Book- is torn or not pnnted p.operly, bring ir to rhe noriceoi tnv8ilalorlor
    .hane€o,dnec on, ar earliest oth€.wir rh€ cand dar.s *ill be lEble lor thar.
!0. Pos3e5!on ol:nyrype ol .le.tronrc devi.e ir stri(tly prohibited r. the Examinanon Hall.

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

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question No.l                                                 [3 Marksl

Whether the Limitation Act, 1953, applies to the proceedings under Article 32 and
226 of the Constitution of lndia? Explain in brief'

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question No.2                                                  [3 Marksl

What are "Money Bills" under the constitution? By which judgment a constitution
Bench of Hon'ble Supreme Court upheld the passing of Aadhaar
                                                                  (Targeted Delivery of

Financial and other Subsidies, Benefits and services) Act, 2016 as a Money Bill?

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 Question No.3                                                 [3 Marks]

 Define "Pleader" under the Code of Civil Procedure, 1908? Descr'be the provisions
 relating to appointment of the Pleader.

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 Question No     4                                              [3 Marksl

 Write a short note on Suits by lndigent Persons. Under what circumstances court
 shall reject the application for permission to sue as an lndigent Person?

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question    No,5                                        [3 Marksl

Whether following transactions amount to transfer? Explain in short.

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{B)   Exchange.
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Question No.6                                           [3 Marks]
"A" deposits the title deeds of his property with Bank "X" to secure an
overdraft. "A" asks the Bank to return the deeds on the ground that he wants
to sell the property and clear the overdraft. The usual practice in such a case
was for the prospective buyer to inspect the title deeds in the office of the
mortgagee's advocate. But "A" said that he would not get a good price, if the
buyer came to know that the Bank had the deeds. The Bank manager returned
the deeds to "A". Then "A", borrowed money from another Bank "y" on the
deposit of same title deeds falsely representing that there was no
encumbrance.

      As between Banks "X" and "Y", who will have the priority to recover the
dues from the property? Support your answer with relevant provision of law.

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Question      No.9                                             13 Marksl

Describe the procedure by which the president of lndia can issue a proclamation of
national emergency.

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Question No.10                                                  [3 Marks]
Law favors alienation of property than its accumulation. Discuss.

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 Question No.ll                                                [4 Marks]
Distinguish the followings

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{A) Revision, Review and Reference.
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(B) Non-loinder and Mis-loinder of parties.
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Question No.12                                                 [4 Marksl
Amongst the followings, which contract is specifically enforceable and which is not?
Explain with reasons and support of relevant provisions.

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(A) Contract to marry

question No.16
                                                           [6 Marksl
    Explain the "Settlement of disputes outside the Court,,, as embodied under Section
 89 of the Code of Civil procedure, 1908. Narrate the guidelines issued in leadang
 judgments of Hon'ble Supreme Court, in this regard.

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Question No.17                                             [5 Marks]
 Plaintiff "A" institutes a sult for permanent injunctaon against defendant ,.8,, on
 20.O2.2O02. After filling of Written Statement by the defendant, the court framed
the issues and fixed the case for plaintiff's evidence on 21.07.2005. On 21.07.2005
the Plaintiff himself appeared for his evidence but the defendant and his counsel did
not appear in the court. On this, the court recorded statement of plaintiff and closed
the defendant's opportunity of cross examination and also passed the order to
proceed ex party against the defendant. The case was fixed for evidence of
plaintiff's remaininE witnesses for 11.08.2005.

Defendant appeared on 11.08.2005 and filed an application under Order IX Rule 7
CPC with the averments that he could not appear on 21.07.2005 due to marriage in
the family and his counsel was busy in other courts, hence, the counsel also could
not appear and prayed to allow him to cross examine the plaintaff by setting-aside
the ex-party order passed against him.

     Plaintiff, in his reply, rebutted all the facts raised in the application and
contended that above application was presented with an intention to delay the
case.

        Write an order on such application with relevant provisions and brief reasons.

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(A) Substantial Law and Procedural Law.
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(B) Repeal and Amendment.
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(C) Judicial Precedents and Legislation.
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Question No.21                                                 [10 Marksl

Write short notes on the lollowings-

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(A) Relevancy of the character of a person in civil cases.
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(B) Relevancy of the opinion as to handwriting.
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(C) The idea of "Single Citizenship" under the Constatution of tndia.
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(D) Presumption as to documents thirtv vears old.
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(E) Recording of the evidence of a witness unable to speak.
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Question No.22                                              [10 Ma]ksl

Write a reasoned judgment on the following facts-

           ents in the Pl

On 19.04.2018, the plaintiff instituted a suit against the defendant on the facts
that he purchased the suit property through an agreement dated 13.05.2000
and he is in continuous possession since then and he constructed a room
thereupon. According to the plaintiff, he is in settled possession over the suit
property. On 15.01.2001, plaintiff filed an application for regularization of his
land, in prescribed form enclosing site plan and necessary documents before
defendant Municipality, in accordance with the circular of State Government
and deposited a cheque No.05560671 amounting Rs.50250/- on the basis of
setf determination. on 25.03.2018, the officers of the defendant came on the
suit property and started demolishing the boundary wall and construction. on
the protest of plaintrff, they returned back telling that the suit property is of
the ownership of defendant and they will dispossess him, for which defendant
has no right. At the end plaintiff prayed to issue permanent injunction in his
favor and against the defendant not to demolish the construction and
boundary wall of the suit property, not to dispossess him and not to do so
through their agent or servant etc. lf, during the pendency of the suit, plaintiff
would be dispossess from suit property than the same be restored and order
to the defendant to regularize the suit property in favor of plaintiff.

Averments in the Written Statement

The possession of the plaintiff over the suit property is not legally valid.
Presently, the nature of the suit property is of agriculture land, which has not
been regularized. The construction was not constructed with the permission of
the defendant. The defendant did not order to deposit the amount for
regularization. Presently, the suit property is shown in the name of defendant
in the lamabandi. Plaintiff is a trespasser. The construction is illegal. Plaintiff is
not having settled possession. Hence, defendant has every right to remove the
construction work and to evict the plaintiff from the suit property. At the end,
defendant prayed to dismiss the suit with cost.

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