Jharkhand Civil Judge Mains 2019 Question Paper

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Jharkhand Civil Judge (Junior Division) Mains Examination 2019

JHARKHAND JUDICIAL SERVICE (JPSC CIVIL JUDGE) MAINS

Jharkhand Civil Judge (Junior Division) Mains

Examination 2019

LAW PAPER I

Full Marks: 100

Time: 3 Hours

(1) The question paper is divided into five Sections. Each Section has two questions of 20

marks, out of which candidates have to answer only one question compulsorily from each

Section. (2) In case of any ambiguity in the Hindi version, the English version shall be

considered authentic. (3) Questions can be answered in Hindi (Devanagari) or English

(Roman) only.

Section A

1. (a) The plaintiff is a resident of Faridabad and filed a suit for declaration against the

defendant, a resident of Gurgaon, in the District Courts, Gurgaon, that he has a half

share in a house situated in Ghaziabad (U.P.) and a sum of ₹ 1 lakh is lying deposited

in SBI, Gurgaon. The defendant got the house wrongly executed in his name and is

also not admitting the claim in the amount lying in the bank. The defendant

contested in the suit that the Gurgaon Courts have no jurisdiction to hear the case.

How will you decide? Give reasons. [10]

(b) Answer any two of the following: [5 × 2 = 10]

(i) Rateable distribution.

(ii) Mesne profit.

(iii) Interpleader suit.

(iv) Garnishee order.

2. Distinguish between res judicata and constructive res judicata. Also explain the

provisions of constructive res judicata in the Civil Procedure Code, 1908. [10]

‘A’ filed a suit against ‘B’ for declaration of title in a land. The suit was dismissed by

the Trial Court as well as the Appellate Court on the ground that ‘A’ has no

possession in the land. ‘A’ moved an application for amendment in pleadings seeking

the relief for possession also over the land in second appeal. Can the amendment be

allowed, although the relief for possession on the date of application for amendment

in pleadings was barred? Decide. [10]