Maharashtra Civil Judge Mains 2019 Question Paper

Page 1 as text

Maharashtra Civil Judge (Main) Examination 2019

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. English version of the question shall be

authentic in case of any ambiguity.

1. Write a judgment on the basis of the facts given below. You must pay attention to the

following points: (a) the judgment should be in proper format; (b) frame issues properly and

give findings on them; (c) conclude the judgment with an operative order.

Facts for the judgment. Plaintiff’s case is as under: Sunil Borate and Sham Pandit are friends.

Sunil is a cloth merchant and Sham is a builder/contractor. Sunil and Sham were having

financial transactions in the past. Sunil was in need of money and therefore approached

Sham on 2.2.2014 with a request to lend him an amount of Rs. 3,00,000 for his business

purpose. Sham extended the said amount on 15.2.2014 by withdrawing it from his account.

Sunil had promised to return the amount within 6 months. It was agreed that no interest

would be paid on the said amount if the same is returned within the stipulated period.

Sunil failed to return the amount within 6 months. Sham issued a notice dated 23.10.2014

through his Advocate to Sunil and called upon him to make payment within 15 days. Sunil

received the notice on 25.10.2014. He issued cheque bearing No. 12345, drawn on State

Bank of India, Rajwada Branch, Sangli, for Rs. 3,00,000, dated 5.11.2014. The said cheque

was presented by Sham with his banker, HDFC Bank, Ganesh Peth, Sangli, on 6.11.2014.

The said cheque came to be dishonoured on the ground ‘refer to drawer’ on 7.11.2014.

Again, Sham issued a notice through his Advocate on 20.11.2014 and informed all facts to

Sunil. Sunil was called upon to make payment on or before 2.12.2014. Sunil had received the

said notice on 22.11.2014 but failed to comply with it. Hence the suit has been filed by Sham

for recovery of Rs. 3,25,000 against Sunil. The claim is inclusive of interest from the date

after expiry of the first 6 months and notice charges. Future interest is also prayed.

Defence taken in the written statement: Sunil admits that he had borrowed amounts from

Sham in the past but denied having taken the amount this time. He had booked a flat in the

project undertaken by Sham and had issued a cheque towards the said contract. The said