CG Civil Judge Mains 2024 Question Paper

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Chhattisgarh Judicial Service Mains Examination 2024

CHHATTISGARH JUDICIAL SERVICE

2024 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) Plaintiff ‘X’ filed a suit in 2024 under Order 34 of the Civil Procedure Code, 1908 for

foreclosure of mortgage of the first floor of House Number C-1/306, Bhatapara Town, along

with a prayer for permanent injunction against alienation of the first floor of the said

premises by defendant ‘Y’. Plaintiff pleaded that in the year 2020, the defendant was in

financial hardship and approached him for a loan of Rs.5,00,000/- which the plaintiff

advanced to the defendant in two instalments of Rs. 3,00,000/- and Rs. 2,00,000/-. Plaintiff

pleaded that the defendant executed an agreement in favour of plaintiff on 21-07-2020. The

agreement stipulated that defendant would return the loan within 11 months and that if the

defendant failed to return the loan within 11 months to the plaintiff, then the agreement dated

21-07-2020 would be destroyed as per the terms and conditions of the agreement dated 21-

07-2020 and that defendant would mortgage the first floor of the House No. C-1 /306,

Bhatapara Town in favour of the plaintiff for a sum of Rs. 5,00,000/-. It has been pleaded

that the house had been allotted by the Development Authority in the name of father of the

plaintiff and defendant, who gave equal shares of that house to ‘M’, ‘B’ and ‘Y’. It was

further pleaded that on 31-01-2020 the mother (‘M’) and brother of defendant (‘B’) executed

a Relinquishment Deed in favour of defendant of House No. C-1/306, Bhatapara Town

consisting of the Ground Floor, First Floor and Second Floor. The Relinquishment Deed

dated 31-01-2020 executed by the “M” and “B” in favour of the defendant was registered on

22-02-2020 at the office of the Sub-Registrar. Plaintiff pleads that on 20-06-2021, when the

plaintiff approached the defendant and demanded his loan amount, the defendant shared his

inability in returning the said amount and demanded again 11 months for returning the sum.

The plaintiff gave him more time so that he could return the sum.

Plaintiff claims that a document dated 22-07-2022 was executed between the plaintiff and

defendant which provided the first floor of the said house is mortgaged to the plaintiff and

the original receipt of house allotment was handed over to the plaintiff. He further pleads

that on non-payment of mortgage dues, he is entitled to foreclosure of mortgaged property

i.e. first floor of the house and for a permanent injunction restraining ‘Y’ from alienating the

property.

DEFENDANT’S PLEADINGS: