Rajasthan Judicial Service Main Exam Question Papers Solved [Sample]!
PART – A
Q.1. What is the nature of the ‘right to property’ under the Indian Constitution?
Ans. Right to property is not a fundamental right, but it is only a constitutional right. [Article 300-A, Constitution of India]
Q.2. Who is a senior citizen under the Rajasthan Rent Control Act, 2001?
Ans. Citizen of India who has attained the age of 65 years or more is a senior citizen. [Section 2(h), Rajasthan Rent Control Act, 2001]
Q.3. What is an easement by prescription?
Ans. Where right of way or other easement has been peaceably and openly enjoyed as of right, without interruption and for twenty years. [Section 15, Indian Easements Act, 1882]
Q.4. What is an “invalid carriage” under the Motor Vehicles Act, 1988?
Ans. A motor-vehicle specially designed/constructed for use of a person suffering from physical – defect or disability. [Section 2(18), Motor Vehicles Act, 1988]
Q.5. What is an Innuendo?
Ans. Such a taunting or double-meaning word, which is not ordinarily defamatory, but in fact its meaning is defamatory. [Law of Torts]
Q.6. What is constructive desertion?
Ans. One spouse’s misconduct that forces the other spouse to leave the marital abode. [Black’s Law Dictionary, 7th Edition, page 457 r/w. Section 9, Hindu Marriage Act, 1955]
Q.7. What is Khilwat-us-Sahih under Muslim Law?
Ans. Although there is no hindrance for marital intercourse between a Muslim spouse, they live alone/separate. [Muslim Law]
Q.8. What is a Nazul Land?
Ans. It means an Abadi-land vesting in the State Government, which is within limits of a municipality, Panchayat, village, town or city. [Section 3(1-B), Rajasthan Land-Revenue Act, 1956]
Q.9. Under which Act the Lok Adalats are organized?
Ans. Legal Services Authorities Act, 1987.
Q.10. What is an Interlocutory order?
Ans. That order being passed during trial of a suit, which is not a final order but interim or temporary order. [Civil Procedure Code, 1908]
Q.11. Which Court is competent to entertain a complaint of domestic violence?
Ans. Judicial Magistrate First Class or Metropolitan Magistrate is competent to entertain a complaint of domestic violence. [Section 2(i), Protection of Women from Domestic Violence Act, 2005]
Q.12. In which case the concept of “Sovereign Immunity” was diluted by the Indian Supreme Court?
Ans. N. Nagendra Rao & Co. vs. Stale of Andhra Pradesh, AIR 1994 Supreme Court 2663 = 1994 AIR SCW 3753.
Q.13. When can a judgment-debtor be sent to civil prison for not paying decretal amount?
Ans. When money-decretal amount exceeds Rs.2,000/-, male judgment-debtor is mala fide and he has not been declared insolvent. [Sections 55, 56 and 58(1-A), Civil Procedure Code, 1908]
Q.14. What will be the consequences if the protection order issued by the Court against domestic violence is breached by the respondent?
Ans. For such offence, the respondent will be punishable for imprisonment upto one year, or fine upto Rs.20,000/-, or both. [Section 31, Protection of Women from Domestic Violence Act, 2005]
Q.15. What are the kinds of issues?
Ans. Issues are of two kinds:
(1) Issues of fact; and
(2) Issues of Law. [Order 14, Rule 1(4), Civil Procedure Code, 1908]
Q.16. What is the ‘legal disability’ under the Limitation Act, 1963?
Ans. Legal disabilities are (1) minority: and (2) insanity or idiocy. [Section 6, Limitation Act, 1963]
Q.17. What is an Equitable mortgage?
Ans. A transaction that has the intent but not the form of a mortgage, and that a Court of equity will treat as a mortgage. [Black’s law Dictionary, 7th Edition, page 1027]
Q.18. Define a “consent” under the Indian Contract Act, 1872?
Ans. Two or more persons are said to consent when they agree the same thing in the same sense. [Section 13, Indian Contract Act, 1872]
Q.19. When a Hindu Marriage is treated as void?
Ans. Bigamy; or a marriage solemnized within prohibited degrees and Sapinda relationship is treated as void. [Section 11 read with Section 5(1), (4) and (5), Hindu Marriage Act, 1955]
Q.20. What is the minimum age for driving a motor vehicle?
Ans. Minimum age for driving a motor vehicle is 18 years.
[With the written consent of the caretaker of a person under age of 18 years, a learner’s driving licence may be granted to drive a motor-cycle without gear.] [Sections 7 and 18, Motor Vehicles Act, 1988]
PART – B
Q.21. What is the writ of Mandamus? Against whom it cannot be issued?
Ans. Such writ is issued to a public authority to compel him to do public duty and prohibit him from doing unlawful acts.
Such writ petition (including public interest litigation) may be field by aggrieved person, social/non-governmental institution or person.
Such writ cannot be issued against a public authority to compel him to do his discretionary functions.
Q.22. Differentiate between a Lease and Licence?
Ans. Difference between Lease and Licence:
Lease:
(1) In a lease, its period is always relevant.
(2) If the period of a lease is one year or more, then its registration is compulsory.
(3) Termination of a lease is done according to Section 111 of the Transfer of Property Act, 1882
(4) A lease is heritable.
(5) Transfer of property can be done by a lease. Section 105, Transfer of Property Act, 1882.
Licence:
(1) In a licence, its period is not necessary.
(2) A licence is not compulsorily registerable.
(3) A licence may be terminated at any time.
(4) A licence not heritable.
(5) Transfer of property cannot be done by a licence. Section 52, Indian Easement Act, 1882.
Q.23. Enumerate Class I heirs under the Hindu Succession Act, 1956?
Ans. Heirs in Class I:—
Son; daughter; widow, mother; son of a predeceased son; daughter of a pre-deceased son; son of pre-deceased daughter, daughter of a pre-deceased daughter; widow of a predeceased son; son of a pre-deceased son of a pre-deceased son; daughter of a predeceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son ‘[son of a pre-deceased daughter of pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son.]
Q.24. On what grounds a Muslim wife can seek dissolution of her marriage?
Ans. A Muslim wife can get a decree for dissolution of her marriage on the following grounds:—
(i) Whereabouts of husband have not been known for four years;
(ii) Husband has neglected or failed to provide maintenance to wife for two years or more,
(iii) Husband has been sentenced to imprisonment for seven years or more;
(iv) Husband has failed to perform, without reasonable cause, his marital obligations for three years;
(v) Husband was impotent at the time of marriage and continues to be so;
(vi) Husband has been insane for a period of two years; or is suffering from Leprosy or a virulent venereal disease;
(vii) Wife was given in marriage by her father or other guardian before she attained age of 15 years, repudiated the marriage before attaining age of eighteen years;
(viii) Husband treats her with cruelty;
(ix) On any other grounds recognised under Muslim Law for dissolution of marriage, e.g., IIa, Jihar, Liyan, Khula, Mubarat and Tafwij. [Section 2, Dissolution of Muslim Marriage Act, 1939]
Q.25. What objects are unlawful under the Indian Contract Act, 1872?
Ans. The following objects, being unlawful, are void:
(i) That object is forbidden by law (including personal law); or
(ii) It is of such a nature that, if permitted, it would defeat any provision of law; or
(iii) It is fraudulent; or
(iv) It involves or implies injury to the person or property of another; or
(v) The Court regards it as immoral or opposed to public policy [Section 23, Indian Contract Act, 1872]
Q.26. How can an arbitral award be enforced?
Ans. Where the time for making an application to set aside the arbitral award has expired, or such application having been made, it has been refused, the award shall be enforced under the Civil Procedure Code, 1908, in the same manner as if it were a decree of the Court.
An arbitral award shall be final and binding on the parties and persons claiming under them respectively. [Section 36 read with Section 35, Arbitration and Conciliation Act, 1996]
Q.27. What are the grounds on which the Court can dissolve a partnership firm?
Ans. At the suit of a partner, the Court may dissolve a firm on any of the following grounds, namely:
(a) A partner has become of unsound mind;
(b) A partner, other than the partner suing, has become in any way permanently incapable of performing his duties as partner;
(c) A partner, other than the partner suing, is guilty of conduct which is likely to affect pre-judicially the carrying on of the business;
(d) A partner, other than the partner sling, wilfully or persistently commits breach of agreements relating to the management of the affairs of the firm or the conduct of its business, or otherwise so conducts himself in matters relating to the business that it is not reasonably practicable for the other partners to carry on the business in partnership with him;
(e) A partner, other than the partner suing, has in any way transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged;
(f) Business of the firm cannot be carried on save at a loss; or
(g) On any other ground which renders it just and equitable that the firm should be dissolved. [Section 44, Indian Partnership Act, 1932]
Q.28. What are the essential ingredients for granting a temporary injunction?
Ans. For granting a temporary injunction, it essential that—
(a) Any property in dispute in a suit in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) The defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
(c) To defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.
While granting a temporary injunction, the Court should satisfy itself that the points for determination relating to (i) prima facie case; (ii) balance of convenience; and (iii) irreparable loss are in favour of the applicant. [Order 39, Civil Procedure Code, 1908]
Q.29. What are the essentials of a valid gift under the Transfer of Property Act, 1882?
Ans. “Girt” is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
For the purpose of making a gift or movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. [Section 122 and 123, Transfer of Property Act, 1882]
Q.30. What are the requisites of a valid acknowledgement of debt under the Limitation Act, 1963?
Ans. The following are the requisites of a valid acknowledgment of debt:
(a) Acceptance of liability should be relating to property or debt;
(b) Acceptance should be in writing;
(c) Acceptance should be signed;
(d) Acknowledgment should be before the expiry of prescribed period of limitation;
(e) Acknowledgment should be of the present existing liability; and
(f) Although the Performa, draft or language of acknowledgement has neither been prescribed nor certain, yet its intention should be clear.
Where payment of a debt or its interest is made before the expiration of the prescribed period by the debtor or his authorised agent, it is treated to be the acknowledgment, and a fresh period of limitation shall be computed from the date when the payment was made. [Sections 18 and 19, Limitation Act, 1963]
PART – C
Q.31. What is the procedure and limitations for amendment of the Indian Constitution? Discuss while citing the relevant cases.
Ans. Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.
Following principles were laid down by the Supreme Court from time to time relating to the powers of the Parliament to amend the fundamental rights:
(1) Shankari Prasad vs. Union of Indi.—Parliament is empowered to amend the Constitution under Article 368, which includes the amendment of the fundamental rights.
(2) Sajjan singh vs. State of Rajasthan.—The judgment of the aforesaid case of Shankari Prasad was confirmed by the Supreme Court.
(3) Golaknath vs. State of Punjab.—While reversing the aforesaid cases of Shankari Prasad and Sajjan Singh, it was laid down that the Parliament has no such amending power.
(4) In the case of Keshvanand Bharti vs. State of Kerala, AIR 1973 SC 1461, in its historical judgment, it was laid down by the Supreme Court that the Parliament is not empowered to make such amendment of the fundamental rights, by which the basic structure of the Constitution is destroyed.
In the following cases the principles laid down in the aforesaid case of Keshvanand Bharti was followed by the Supreme Court:
(1) Indira Nehru Gandhivs. Rajnarain, AIR 1975 SC 2299;
(2) Minerwa Mills Ltd. vs. Union of India, AIR 1980 SC 1789; and
(3) The case relating to the matter of transfer of the Judges of the High Court, AIR 1982 SC 149.
Following three procedures have been prescribed for the amendment of the Constitution:—
1. By ordinary majority;
2. By special majority; and
3. By special majority and by the ratification of the Legislatures of the States.
According to the procedure described in the aforesaid Serial No. (3), apart from the special majority of both the Houses of the Parliament, such amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolution to that effect passed by those legislatures before the Bill making provision for such amendment is presented to the President for assent. For the amendment of the following provisions of the
Constitution, special majority and ratification by the State-Legislatures is essential:
(1) Election of the President (Articles 54 and 55).
(2) Extent of executive power of the Union and the States (Articles 73 and 162).
(3) Judiciary of the Union and the States (Articles 124 to 147, 214 to 231 and 241).
(4) Distribution of legislative powers between the Union and the States (Articles 245 and 255).
(5) Representation of the States in the Parliament (Schedule 4).
(6) Union List, State List and Concurrent List (Schedule 7).
(7) Amendment of the Constitution (Article 368). [Article 368, Constitution of India]
Q.32. Explain the doctrines of marshalling and contribution. In case of conflict among them, which shall prevail. Explain with the help in examples?
Ans. Marshalling securities.—If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgage-debt satisfied out of the property or properties not mortgaged to him, so far as the same will extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who has for consideration acquired an interest in any of the properties.
Contribution to mortgage-debt.—Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debts secured by the mortgage, and, of the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date.
Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are mortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value of the property out of which it has been paid.
Nothing in this section applies to a property liable under Section 81 or to the claim of the subsequent mortgagee. [Sections 81 and 82, Transfer of Property Act, 1882]
Q.33. What do you understand by pleadings? What are its rules? When can pleadings be amended? What will be the consequences if the party obtaining have to amend, does not amend his pleadings?
Ans. According to Order 6, Rule 1, Civil Procedure Code, 1908, “pleading” shall mean plaint or written-statement.
Under Order 6, Rule 2, every pleading shall contain only a statement in a concise form of the material facts, but not the evidence.
Order 6, Rule 15 relates to verification of pleadings.
In Order 6, Rule 16, there are provisions regarding “striking out of pleadings”, according to which the Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading —
(a) which may be unnecessary, scandalous, frivolous or vexatious, or
(b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or
(c) which is otherwise an abuse of the process of the Court.
Principles of amendments of pleadings.—Under Order 6, Rule 17, the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Before its judgment, the Court may allow amendment of the pleadings, if:—
(1) Such amendment does not change the basic/original nature of the suit;
(2) The amendment is necessary and justified;
(3) The amendment has not been sought only with the object to make delay in the disposal of the case;
(4) Such amendment will be helpful to check the multiplicity of suits;
(5) To allow the amendment is necessary to determine the real questions in controversy between the parties; and
(6) Its delay may be compensated by costs.
Under Order 6, Rule 18, if a party who has obtained an order for leave to amend does not amend accordingly within the time limited for the purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court.
Q.34. What is the criterion for calculating unliquidated damages caused due to breach of contract? Discuss in detail, while citing case-laws.
Ans. If a breach of contract is caused by any person, then the aggrieved party is entitled to get the amount of loss sustained by him, i.e., compensation or damages from the person who has caused the breach of contract, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from its breach.
Such compensation is not allowed for remote and indirect loss or damage sustained by the aggrieved party due to breach of contract caused by the other party.
Regarding Section 73, the leading case is Murlidhar Chiranjilal vs. Harishchandra, AIR 1962 SC 366. In this case, the Supreme Court, while determining the points for determination for ascertaining the quantum of compensation due to breach of contract, laid down that under Section 73, for the aggrieved party, to get the compensation, it was necessary for him to prove that (i) on 5.8.1947, the market-rate of canvass had increased; and (ii) the aggrieved party had to buy the canvass according to the increased market- rate, whereby he had to sustain the loss of a certain amount.
Since the aggrieved party failed to prove both the aforesaid points, therefore, he was not considered to be entitled to get any amount by way of compensation or damages. [Section 73, Indian Contract Act, 1872]
Q.35. What are the various grounds for eviction of a tenant under the Rajasthan Rent Control Act, 2001?
Ans. Following grounds are available to a landlord for eviction of a tenant:—
(a) the tenant has neither paid nor tendered the amount of rent due from him for four months; or
(b) the tenant has willfully caused or permitted to be caused substantial damage to the premises; or
(c) the tenant has without written permission of the landlord made or permitted to be made any construction which has materially altered the premises or is likely to diminish the value thereof; or
(d) the tenant has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the premises or which is likely to affect adversely and substantially the landlord’s interest therein; or
(e) the tenant has assigned, sub-let or otherwise parted with the possession of the whole or part of the premises without the written permission of the landlord;
(f) the tenant has renounced his character as such or denied the title of the landlord and the latter has not waived his right or condoned the conduct of the tenant; or
(g) the premises were let out for residential purposes but have been put to commercial use wholly or partially; or
(h) the premises were let out to the tenant for residential purposes by reason of his being in the service or employment of the landlord and the tenant has ceased to be in such service or employment; or
(i) the premises are required reasonably and bona fide by the landlord for the use or occupation of himself or his family; or
(j) the tenant has built or acquired vacant possession of or has been allotted suitable premises adequate for his requirement; or
(k) the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the petition; or
(l) the landlord has been required by any authority under any law to abate the overcrowding of the premises; or
(m) the landlord requires the premises in order to carry out any building work.—
(i) at the instance of the State Government or a local authority in pursuance of an improvement scheme or development scheme; or
(ii) because the premises have become unsafe or unfit for human habitation. [Section 9, Rajasthan Rent Control Act, 2001]
Q.36. On imaginary facts, draft a plaint and its written-statement for recovery of Rs.40,000/- advanced on a promissory-note.
Ans. Plaint
In the Court of Civil Judge (Senior Division), Jodhpur (Raj)
Civil Original Case No. …….. /……….
‘B’ S/o Shri………… by caste……..aged………….resident of……………, Jodhpur (Raj). Plaintiff
versus
‘A’ S/o Shri………… by caste………….. aged…………..resident of………….., Jodhpur (Raj). Defendant.
Suit for recovery of Rs….. /.
The plaintiff prays as under:—
(1) That on 03.03.2011, the defendant borrowed Rs.40,000/- in cash from the plaintiff, with interest @ Rs.12% per annum, for utilizing this amount for business-purposes, and as a collateral security, the defendant executed a pronote and a receipt in favour of the plaintiff, which are enclosed herewith the plaint.
(2) That on 05.09.2013, the defendant, while acknowledging his debt, executed and signed the acknowledgment, and also promised to pay the principal amount together with interest to the plaintiff at the earliest.
(3) That inspite of demands and registered notice, the defendant has failed to repay the principal amount with interest thereon.
(4) That Rs.40,000/- as principal, and Rs……………… as interest have become due against the defendant.
(5) That on the basis of the acknowledgment dated 05.09.2013, since cause of action accrued on this date, the suit is within limitation.
(6) The since the parties belong to Jodhpur; and the pronote, receipt and the acknowledgment were executed and signed at Jodhpur, this Court has jurisdiction to entertain this suit.
(7) That on the valuation of the suit Rs…………., the requisite Court-fees of Rs…………… is submitted.
(8) It is, therefore, prayed that a decree for Rs…………….. be passed in favour of the plaintiff and against the defendant; the plaintiff be awarded interest on the sum of Rs…………, together with interest @ Rs…………. % per annum, from date of the suit till realisation; and costs of the suit be also ordered to be paid from the defendant to the plaintiff.
Sd/-………. Sd/-………
Advocate for the plaintiff. Plaintiff.
I, plaintiff,…. (Name & description of plaintiff), hereby verify that Paras Nos. 1 to 4 of the plaint are correct on the basis of my personal knowledge and belief, Paras Nos. 5 to 7 are correct, based on legal advice, and prayer’s Para No. 8 is also correct.
Jodhpur, Sd/-……………
Dated………….. Plaintiff.
Written-Statement:
In the Court of Civil Judge (Senior Division), Jodhpur (Raj)
Civil Original Case No………. /………..
‘B’ S/o Shri………… by Caste…………. aged…………… resident of……….., Jodhpur (Raj). Plaintiff
versus
‘A’ S/o Shri………… by Caste…………. aged………….. resident of…….., Jodhpur (Raj). Defendant.
Written Statement of the suit for recovery of Rs……./-
The defendant’s written statement is as under:—
(1) That Para No. 1 of the plaint is denied. The defendant neither borrowed Rs.40,000/- or any amount from the plaintiff nor did he execute the pronote and the receipt.
(2) That Para No. 2 of the plaint is denied. The defendant also denies the fact of written acknowledgment.
(3) That Para No. 3 of the plaint is denied.
(4) That Para No. 4 of the plaint is also denied.
(5) That plaint’s Paras No. 5 to 8, being legal, need no reply.
It is, therefore, prayed that the suit of the plaintiff be dismissed with costs.
Sd/-…….. Sd/-…….
Advocate for the defendant. Defendant.
i, the aforesaid defendant ‘A’, hereby verify that Paras 1 to 4 of the written-statement are correct on the basis of my personal knowledge and belief, and Paras Nos. 5 to 7 are also correct as per legal advice.
Jodhpur, Sd/-………….
Dated…………… Defendant
Q.37. Write a judgment on the basis of the plaint and the written statement mentioned in Question No. 36 above.
Ans.
In the Court of Civil Judge (Senior Division). Jodhpur (Raj)
Presiding Officer:…………., R.J.S.
Civil Original Case No……………. /……… /………
‘B’ S/o Shri………… by Caste………. aged…………. Resident of……………., Jodhpur (Raj). Plaintiff.
versus
‘A’ S/o Shri………… by Caste……….. aged………. Resident of………, Jodhpur (Raj), Defendant.
Suit for recovery of Rs……… /.
Present:—
Shri………., Advocate for the plaintiff.
Shri………, Advocate for the defendant.
Judgment:
Dated…………….
Briefly stated, the facts of the case are that on…………, the plaintiff instituted a suit stating that on 03.03.2011, the defendant borrowed Rs.40,000/- in cash from the plaintiff @ 12% per annum interest; and as a collateral security, the defendant executed a pronote and receipt in favour of the plaintiff. On 05.09.2013, the defendant while executing and signing an acknowledgment of the aforesaid debt, promised to repay the principal and interest at the earliest. But, the defendant failed to repay the same. Therefore, the plaintiff has filed this suit for recovery of Rs.40,000/- (principal sum) and Rs……… interest thereon, together with costs, against the defendant.
While filing his written-statement, the defendant denied all the facts pleaded in the plaint and prayed to dismiss the suit of the plaintiff with costs.
On the pleadings of the parties, the following issues were framed:—
(1) Whether on 03.03.2011, the defendant borrowed Rs.40,000/- in cash from the plaintiff with interest @ Rs.12% per annum and executed a pronote and a receipt? (Plaintiff)
(2) Whether on 05.09.2013, the defendant acknowledged (in writing) the debt? (Plaintiff)
(3) Relief.
Issues No. 1 & 2:—
Since both these issues are connected with each other, they are disposed of together, whose burden of proof is on the plaintiff. Plaintiff…. examined himself as PW. 1, who has supported and proved his case; and produced PW. 2 . …….scribe and attesting witness of pronote Exhibit 1, receipt Exhibit 2 and acknowledgment of debt Exhibit 3, who has fully supported the statement of the plaintiff which gets corroboration from the aforesaid documentary evidence. Whereas, the defendant (DW. 1) only orally denied these facts. No independent witness has been produced by him. Hence, the defendant has failed to rebut the trust-worthy documentary and oral evidence of the plaintiff. Therefore, both these issues are decided in favour of the plaintiff and against the defendant.
Issue No. 3:—
Keeping in view the findings of issues Nos. 1 and 2, the plaintiff is entitled to get a decree in his favour.
Therefore, while decreeing the suit in favour of the plaintiff and against the defendant, with costs, it is hereby ordered that—
The defendant will pay to the plaintiff Rs…………… and interest thereon @ Rs…………% per annum, from the date of the institution of the suit till realisation.
Decree-sheet be prepared accordingly.
Sd/-……….
Civil Judge (Senior Division)
Jodhpur.
Judgment signed and pronounced in open Court, today………..(date).
Sd/-……….
Seal of the Court. Civil Judge (Senior Division)
Jodhpur.