Maharashtra Civil Judge Mains 2022 Question Paper

Page 1 as text

Maharashtra Civil Judge (Main) Examination 2022

MAHARASHTRA JUDICIAL SERVICE (CIVIL JUDGE, JUNIOR DIVISION)

MAINS

PAPER I: CIVIL LAW

Time Allowed: 3 Hours

Maximum Marks: 100

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

Goods Act and Partnership Act. (1) All questions are compulsory. (2) Question No. 1 carries

20 marks. All other questions carry equal marks i.e., 16 marks each. (3) Your answers must be

to the point, wherever possible quoting the specific provision of law. (4) Do not reproduce any

question. Write only question’s number against the answer. (5) Wherever option has been

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

Excess responses shall be ignored. (6) Other than cited cases, candidate should not write roll

number, any names (including their own), signature, address or any indication of their

identity anywhere inside the answer book otherwise he will be penalised. (7) English version of

the question shall be authentic in case of any type of ambiguity. (8) All questions can be

attempted only in one language either in English or in Marathi as per the option given in the

application form. (9) Candidates are expected to answer all the subquestions of a question

together. If subquestion of a question is attempted elsewhere (after leaving a few pages or after

attempting another question) the later subquestion shall be overlooked.

1. Write a judgment on following facts. You must pay attention to following points: (a)

Judgment must be in proper format; (b) Frame proper issues and record findings on them; (c)

Conclude the judgment with operative order. [20]

Facts for Judgment:

Plaintiff’s Case is as follows: Ram and Prakash are friends. Prakash is cloth merchant and

Ram is L.I.C. agent. Both were having financial transactions in the past. Prakash was in need

of money, therefore on dt. 5.2.2020 he approached Ram and requested to lend him an amount

of Rs. 1,00,000/- for business purpose. Ram extended the said amount to Prakash on dt.

6.2.2020 by withdrawing it from his bank account. Prakash had promised to return the said

amount within 6 months. It was agreed between them that no interest will be charged on the

said amount, if the same is returned within stipulated period.

Prakash failed to return the said amount within 6 months. Therefore on dt. 1.11.2020 Ram

issued notice through his Advocate to Prakash calling upon him to return the amount within

7 days. Prakash received the said notice on dt. 5.11.2020. Thereafter Prakash issued a cheque

bearing No. 56789 dt. 10.11.2020 drawn on Bank of Baroda, Gandhi Nagar branch,

Kolhapur for Rs. 1,00,000/- in favour of Ram. On dt. 11.11.2020 Ram presented the said