CG Civil Judge Mains 2020 Question Paper

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Chhattisgarh Judicial Service Mains Examination 2020

CHHATTISGARH JUDICIAL SERVICE

2020 Mains Examination

Time: 3 hrs

Max. Marks: 100

1. Read the following carefully and write judgement after framing necessary issues :

[40]

Plaintiff’s Pleadings:

(i) The plaintiff filed a suit for recovery of Rs. 25,000/- on the basis of a pronote dated 22.10.2009.

The case of the plaintiff is that the defendant is a rice mill owner. He borrowed a sum of Rs.

25,000/- from him for his business and executed a pronote, Ex. P1, dated 22.10.2009, agreeing to

repay the said amount with interest at the rate of 18% per annum. The said amount of Rs. 25,000/-

was paid to the defendant by way of cash by the plaintiff. In spite of repeated demands made by the

plaintiff the defendant did not pay the amount, hence, notice dated 22.5.2012 Ex. P2 was issued.

The defendant had received the notice. Even after receipt of the said notice, the defendant has not

paid any amount.

Defendant’s Pleadings:

(ii) The defendant filed written statement and denied the plaint averments. The case of the defendant

is that the plaintiff was running a chit fund in which defendant had subscribed some chits and

availed chit amount in the beginning. Before making the payments, the plaintiff insisted him (i.e.

defendant) to execute pronotes towards security for repayment of the balance chit installments and

obtained defendant’s signature not only on the suit pronote but also on other three pronotes. After

the discharge of the chit amount, the defendant requested the plaintiff to return the pronotes, but he

did not return the same on the ground that the pronotes were in the custody of his partner Sampath.

According to the defendant one of the said pronotes was used for filing this suit. The defendant

prayed for dismissal of the suit.

Plaintiff’s Evidence : (iii) The plaintiff examined himself and proved Exs. P1 to P3. The plaintiff

deposed that on 22.10.2009, the defendant borrowed a sum of Rs. 25,000/- and executed the suit

pronote Ex. P1, dated 22.10.2009 which bears the signature of the defendant. Ex. P2 is the notice

issued by the plaintiff through his lawyer calling upon the defendant to pay the outstanding amount

and Ex. P3 is the acknowledgement.

Defendant’s Evidence : (iv) The defendant examined himself. He deposed that the suit pronote and

other pronotes were executed as security for repayment of the chit amount payable by him to the

plaintiff. Plaintiff was conducting the chit unauthorisedly. Though the amount payable towards the