Maharashtra Civil Judge Mains 2014 Question Paper

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Maharashtra Civil Judge (Main) Examination 2014

MAHARASHTRA JUDICIAL SERVICE (CIVIL JUDGE, JUNIOR DIVISION)

MAINS

PAPER I: CIVIL LAW

Time Allowed: 3 Hours

Max. Marks: 100

Civil Procedure Code, Transfer of Property Act, Specific Relief Act, Law of Contracts, Sale of

Goods Act and Partnership Act. Note: All questions are compulsory. Question No. 1 carries 20

marks; all other questions carry equal marks, i.e. 16 marks each. Your answers must be to the

point, wherever possible quoting the specific provision of law. Do not reproduce any question;

write only the question’s number against the answer. Wherever an option has been given, only

the required number of responses in the serial order attempted shall be assessed. English

version of the question shall be authentic in case of any ambiguity.

1. Write a judgment on the basis of the facts narrated below. While writing the judgment: (a)

adhere to the contents of a judgment as required under the Code of Civil Procedure; (b)

frame and answer the issues properly; (c) wherever necessary, fill up the details from your

imagination; (d) give legal, logical and proper reasons for your findings; (e) conclude the

judgment with a proper operative order.

Averments in the Plaint: Plaintiff and Defendant No. 1 start a business in partnership,

investing a 1/2 share each in the capital of the business. Defendant No. 2 is the brother of

Defendant No. 1. He gives his premises for running the business without charging any rent.

Subsequently, Defendant No. 1 retires and his minor son is accepted as a partner. After some

period, the plaintiff files a suit for dissolution of the partnership firm, claiming a half share in

capital and profit and requesting the court for settlement of accounts.

Averments in the Written Statement: Defendants request dismissal of the suit on the

following grounds: (1) As the partnership firm is not registered, the suit itself is not tenable.

(2) The plaintiff alone cannot take a decision of dissolution of the partnership. Defendants

want to continue with the business. (3) The plaintiff does not have half the share in capital

and profit. Defendant No. 2 is also a silent partner and entitled to a share, as the partnership

premises belong to him. (4) As the son of Defendant No. 1 is a minor, a suit is not tenable

against him and his share cannot be liable for the loss, if any, in the business.

2. Answer any two of the following sub-questions:

(a) Discuss the statement “Exclusion of the Civil Court’s jurisdiction is not to be readily

inferred”.