Rajasthan Judicial Service Main Examination Sample Previous Year Question Paper!
Q.1. What are the essential ingredients of a decree?
Ans. There should be—
(i) Conclusive determination by Court; and
(ii) Formal expression of determination of the parties’ rights regarding matters in controversy. [Section 2(2)]
Q.2. Describe inherent powers of Court.
Ans. While exercising its inherent powers, the Court may pass such orders which are necessary for ends of justice and preventing abuse of process of Court. [Section 151]
Q.3. Define “legal representative”.
Ans. A person who legally represents the estate of a deceased person.
Q.4. What are the grounds to issue a temporary injunction?
Ans. Court must be satisfied that the points of—(i) prima facie case; (ii) balance of convenience; and (iii) irreparable loss, are in favour of the applicant. [Order 39]
Q.5. What is meant by constructive res judicata?
Ans. Any matter which might or ought to be ground of defence or attack in former suit shall be deemed to be a matter directly and substantially in issue in such suit. [Section 11]
Q.6. For what purposes, a commission may be issued by the Courts?
Ans. Court may issue a commission for (i) examining any person; (ii) local inspection; (iii) examining accounts; (iv) scientific/technical/expert investigation; or (v) partition. [Section 75]
Q.7. Classify the ‘Mehar’?
Ans. Classification of Mehar—
(1) On the ground of ‘amount’—
(1) Certain or specified Mehar (Mehar-i-Musamma’); and
(ii) Proper Mehar (Mehar-i-Misal).
(2) On the ground of the ‘time of payment’—
(1) Prompt (Mehar-i-Muajjal), and
(ii) Deferred (Mehar-i-Muwajjal).
Q.8. What are essential conditions for a Hindu marriage?
Ans. (i) Neither parties has a spouce living;
(ii) Neither parties is of unsound mind;
(iii) bridegroom and bride completed 21 years and 18 years respectively; and
(iv) parties are not within prohibited degrees and sapinda relationship. [Section 5, Hindu Marriage Act, 1955]
Q.9. According to Muslim Law, in how many class a ‘Hibba’ can be classified?
Ans. (i) Hibha-bil-ewaj’, and
(ii) Hibba-ba-Shart-ul-ewaj.
Q.10. Through whom a minor or insane plaintiff will file a suit and through whom such defendant will defend his case?
Ans. A minor or insane plaintiff will file a suit through next friend, and for defending such defendant, the Court will appoint a guardian ad litem. [Order 32 Rules 1 and 3]
Q.11. What is meant by the principle of ‘res judicata’?
Ans. A ‘final decision’ of the competent Court between the same parties in which the disputed matter directly and substantially in issue was the same, is called ‘res judicata’. No Court shall try such matter. [Section 11, CPC, 1908]
Q.12. What do you understand by the rule of strict liability?
Ans. Strict liability accrues when absolute duty is violated, which is not dependent on the real negligence and intention.
Q.13. Define ‘document’?
Ans. “Document” means any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. [Section 3]
Q.14. What is meaning of ‘avyavaharik’ debts?
Ans. They are immoral, unjust and inequitable. For such debts, sons are not liable for payment.
Q.15. In how many parts, jurisdiction of Courts can be classified?
Ans. (1) pecuniary jurisdiction;
(2) Territorial jurisdiction; and
(3) Subject – matter – wise jurisdiction.
Part ‘B’
Q.16. What do you understand by the suit of civil nature?
Ans. A suit in which the right to property or office is contested, is a suit of civil nature.
Q.17. What is partition? Who are entitled to get share in partition of a property?
Ans. Dividing the property between the coparceners and the persons entitled to receive shares in the undivided and uncertain interest in the property of a joint Hindu family, is called the partition.
‘Coparcenary’ is such a limited group of members in the joint Hindu family, wherein the heirs upto three generations are included, i.e., son, grand son and great grandson. A certain share in the property pertaining to any of the members is not determined until and unless partition is made.
The property will be divided according to the rules provided in the Hindu Succession Act, 1956.
Q.18. What do you know about the rule of legitimacy?
Ans. If any person who born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten. [Section 112, Indian Evidence Act, 1872]
Q.19. What are the essential conditions for a valid adoption?
Ans. (1) Capacity of a Hindu male/female to take in adoption, i.e., a major Hindu of sound mind;
(2) Capacity of the person giving in adoption (as above) to give in adoption;
(3) Capability of the person to be given/taken in adoption;
(4) If it is adoption of a son, the adoptive father or mother must not have a Hindu son, grandson or great grandson living at the time of adoption;
(5) If it is adoption of a daughter, the adoptive father or mother must not have a Hindu daughter or son’s daughter living at the time of adoption;
(6) If the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(7) If the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(8) The same child may not be adopted simultaneously by two or more persons; and
(9) The child to be adopted must be actually given and taken in adoption. [Sections 7 to 11, Hindu Adoptions and Maintenance Act, 1956]
Q.20. Narrate the powers of a receiver.
Ans. Generally, a receiver has all powers, whether before or after the decree, which are enumerated in the order of the Court. Receiver is empowered to take or remove possession or custody of property. He is entitled for management, protection, preservation, improvement, measurement, collection of rents and profits of the property and the execution of documents as the owner or such powers authorised by the Court. [Order 40 Rule 1]
Q.21. Which facts need not be proved?
Ans. (1) The facts for which the Court will take judicial, need not be proved; and
(2) The facts which have been admitted by the parties themselves or their agents in their pleadings before or during the trial, need not be proved. [Sections 56 to 58]
Q.22. When a quasi-contract is created?
Ans. In quasi contracts, although, technically, all the essential elements of a contract do not exit, yet keeping in view the liabilities accruing in the contracts due to special relations, they have been kept within the ambit of legally enforceable contracts just like ordinary contracts.
According to the Indian Contract Act, the following contracts have been kept within the category of quasi contracts:
(1) Claim for necessaries supplied to person incapable of contracting, or on his account;
(2) Reimbursement of person paying money due by another, in payment of which he is interested;
(3) Obligation of person enjoying benefit of non-gratuitous act; Right to get the property back or receive compensation;
(4) Responsibility of finder of goods;
(5) Liability of person to whom money is paid, or thing delivered, by mistake or under coercion, must repay or return it. [Sections 68 to 72]
Q.23. Which property can be transferred?
Ans. Property of any kind may be transferred, except as otherwise provided by the Transfer of Property Act, 1882, or by any other law for the time being in force. Moveable and immovable properties and actionable claims may be transferred. [Section 6]
Q.24. What kinds of reliefs are given to the consumers by the District Forums, Consumer Protection?
Ans. (1) To replace the goods with new or defect-less goods of similar description;
(2) to remove the defect or to repair the goods;
(3) to remove the defect pointed out by the appropriate laboratory from the goods;
(4) to return to the compliant the price of goods or charges of service paid by him;
(5) to pay compensation or damages to the complainant;
(6) to discontinue the unfair trade practice or restrictive trade practice or not to repeat them,
(7) not to offer hazardous goods for sale;
(8) to discontinue misleading advertisements; and
(9) to award costs and interest of the proceedings. [Section 14, Consumer Protection Act, 1986]
Q.25. Narrate the exceptions of the Rule of Ryland vs. Fletcher?
Ans. Following are the exceptions to rule of Ryland vs. Fletcher—
(1) Act of God;
(2) Error of plaintiff himself;
(3) Damage or loss is due to act of a third party or a stranger;
(4) Loss or damage caused by a thing of danger, which was brought in the interest of both plaintiff and defendant;
(5) When land is being used in its natural way; and
(6) An act authorised by the Constitution or law of the land.
Part ‘C’
Q.26. What is meant by amendment of pleadings? When pleadings may be amended?
Ans. 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 passing its judgment, a Court may grant permission to amend the pleadings, if—
(1) Basic nature of the suit is not changed;
(2) Amendment is just and expedient;
(3) Amendment has not only been sought to make delay in the disposal of the case;
(4) Amendment prevents the multiplicity of suits;
(5) Amendment is necessary to determine the real questions in controversy between the parties; and
(6) Delay may be compensated by costs. [Order 6 Rule 17]
Q.27. Explain the rule of privity of contract?
Ans. Privity of Contract:—It is such a relationship between the parties to the contract, which allows them to bring a suit against each other, whereas, it prevents a third party to do so.
The requirement of privity has been relaxed under modem laws and doctrines of implied warranty and strict liability, which allow a third party beneficiary or other foreseeable user to sue the seller of a defective product.
The doctrine of privity means that a person cannot acquire rights or be subject to liabilities arising under a contract to which he was not a party. It does not mean that a contract between ‘A’ and ‘B’ cannot affect the legal rights of ‘C’ indirectly. (G.H. Treitel, The Law of Contract 538 (8th ed. 1991)).
The person, who is not a party to the contract, has no right to sue on the basis of that contract.
Exceptions:
(1) Beneficiary of a trust;
(2) A charge on an immoveable property for the benefit of a certain person has been created;
(3) A contract entered into by an agent for his principal;
(4) Acknowledgment of a liability or debt; and
(5) Management relating to the maintenance of women of family on the partition of a Hindu Joint Family.
Q.28. On the death of a Hindu male, who died intestate, how his self-acquired and intestate property will be partitioned?
Ans. Under Section 8 to 13 and Schedule, Hindu Succession Act, 1956, rules relating to the succession of a Hindu intestate male, have been provided.
The property of a male Hindu dying intestate shall devolve as under:
(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule;
(b) secondly, if there is no heir of class 1, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased. [Section 8]
Now, the Schedule is quoted as under:
Class I:
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a predeceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a predeceased son. [Schedule, Hindu Succession Act, 1956]
Class II:
I. Father.
II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
IX. Mother’s brother; mother’s sister. [Schedule]
Among the heirs specified in the schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession. [Section 9]
The property amongst heirs in class I of the Schedule shall be divided according to following rules:
Rule 1—The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2—The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3—The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4—The distribution of the share referred to in Rule 3—
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions. [Section 10]
The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally. [Section 11]
The order of succession among agnates or cognates shall be determined in accordance with the rules of preference laid down hereunder:
Rule 1—Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2—Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.
Rule 3—Where neither heirs is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously. [Section 12]
Computation of degrees is done under Section 13. [Sections 6 to 13 and Schedule, Hindu Succession Act, 1956]
Q.29. “Law of limitation prohibits the relief, but does not make an end of the right”. Explain this principle together with its exceptions?
Ans. The period of limitation provided in the law of limitation prohibits to get the relief, but it does not mean that after expiry of the period of limitation, the plaintiff is not entitled to get that relief out of Court.
Example:- ‘A’ took loan of Rs.10,000/- from ‘B’. ‘B’ should have filed a suit against ‘A’ for the recovery of the debt, within three years from the date of contract. But, it does not mean that the rights of ‘B’ have come to an end to recover the amount of debt. According to the law of limitation, even after the expiry of the limitation-period, ‘A’ will be a debtor of ‘B’. If ‘A’ repays the amount of his debt to B’ out of Court, then, ‘B’ is definitely entitled to receive this amount, even though it is time-barred. ‘A’ is not entitled to get this amount back from ‘B’.
It is noteworthy that the law of limitation is only a procedural law, which can neither create rights and liabilities nor can it put an end of the same.
After expiry of limitation-period, it only ends relief through the Court.
Law of limitation only makes end of the relief through Courts by filing suits. If right of a person can be exercised through any mode otherwise than by filing a suit, then the law of limitation does not prohibit him to exercise his right. [See: AIR 1962 SC 914]
Law of limitation only makes end of relief, but does not make end of the right. But the right of the person remains intact.
Except the suits, the Courts have been vested with power to condone the delay if the applications, appeals, writ-petitions and other legal proceedings are filed with delay. Law of limitation does not apply on the special laws. [Limitation Act]
Q.30. What is meant by ‘expert’? When the opinions of experts are relevant? Whether their opinions are conclusive in nature?
Ans. When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting, or finger-impressions; the opinions upon that point of persons especially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger-impressions are relevant facts.
Such persons are called experts.
Illustrations.—(1) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.
(2) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.
The opinion of experts on the question whether the two documents were written by the same person or by different persons, are relevant. [Section 45]
“Whether opinions of expert witnesses are of conclusive nature”, the answer to this question has been given by the Supreme Court and various High Courts, in the following case laws —
The opinions of expert witnesses are of ordinary nature, just like the evidence of other witnesses, which is not of conclusive nature. [AIR 1989 All 133 (DB)]
It cannot be said as a rule of law that in every case for accepting the opinion of the experts, corroboration by other evidence is necessary. Whether such corroboration is necessary or not depends on the facts and circumstances of each case. [AIR 1980 SC 531]
But, it has also been laid down that on the basis of solitary opinion of the expert, in the absence of corroboration by any other independent evidence, the accused should not be convicted. [AIR 1957 SC 381]
Although the evidence of an expert witness is not of conclusive nature, yet his evidence is relevant and good. His evidence should be considered keeping in view other evidence and other materials available on record in the file of the case. [1987 MPLJ 214]
Conclusion. — Excepting a very few cases, the opinions of the experts are not of conclusive nature. Courts should decide each case, keeping in view its facts and circumstances and on the basis of merits of each case, especially considering that upto what extent his evidence is reliable, weighty, important and trustworthy.
Q.31. Prepare drafts of a plaint and a written-statement in a matter relating to ejectment from premises and arrears of rent, against tenant?
Ans. Plaint
Before the Rent Tribunal, ……………………
Original Rent Petition No. ………………../…………….. /…2007
‘A’ s/o ‘B’, by caste ‘C’, aged ………….. years, resident of ……………….. Petitioner
versus
‘X’ s/o ‘Y’ by caste ‘Z’, aged ………….. years, resident of ………….. Respondent
Petition for ejectment from premises and arrears of rent.
The petitioner prays as under:
1. That the disputed shop No. ……….., is situated at Station Road, …………………, which was given on rent to the respondent by the petitioner, on ……………… @ Rs.1,000/- per month. The respondent had executed a rent-note in favour of the petitioner, which has been enclosed as Annexure 1 with the petition.
2. That the respondent had not paid the rent of the disputed shop to the petitioner from, hence, the respondent is defaulter.
3. That the respondent has renounced his tenant’s character and has denied the title of the petitioner over the disputed shop, alleging that he had himself purchased this shop by Shri ……………….., nephew of the petitioner, on___________, by a power of attorney.
4. That on …………………, the petitioner sent a registered notice through his Advocate, to the respondent, in whose reply, dated ………………, the respondent has denied the title of the plaintiff over the disputed shop and also renounced his character of tenant.
5. That from ……………… to ……………… the petitioner is entitled to get arrears of rent from the respondent, amounting to Rs. ………………..
6. That on the basis of the aforesaid two grounds, the petitioner is entitled to evict the respondent from the disputed shop.
7. That the cause of action accrued to the petitioners dated……………………………. and……………, and therefore, the petition is within limitation.
8. That this Hon’ble Tribunal has jurisdiction to entertain this petition.
9. That on the valuation of the petition amounting to Rs. ……………… court-fees of Rs. ……….., is filed.
10. It is therefore, prayed that —
(i) while accepting the petition, a decree for eviction of the respondent be passed in favour of the petitioner and against the respondent directing the respondent to immediately hand over the vacant and actual possession of the disputed shop to the petitioner.
(ii) the respondent be ordered to pay arrears of rent amounting to Rs. …………….., and mesne profits from ……………… to …………….., amounting to Rs. ………… till the disputed shop is handed over by him to the petitioner.
(iii) The costs of the petition be awarded to the petitioner by the respondent.
(iv) Any other relief, which the Tribunal deems fit, may also be awarded to the petitioner.
Signature…………….. Signature……………..
Advocate of Petitioner. Petitioner.
Verification:
1. the petitioner ………………, do hereby verify that Paras No. 1 to 6 of the petition are correct as per my personal knowledge and belief; and Paras Nos. 7 to 9 are correct based on legal advice. Para No. 10 is relief.
Place: ………………. Signature………………
Date: ……………….. Petitioner
Reply to Petition:
Before the Rent Tribunal, …………………….
Original Rent Petition No. ……………….. /………………… /2007
‘A’ s/o ‘B’, by caste ‘C’, aged ………….. years, resident of …………… Petitioner
versus
‘X’ s/o ‘Y’, by caste ‘Z’, aged ………….. years, resident of ……………….. Respondent
Petition for ejectment from premises and arrears of rent.
In reply to the petition, the respondent prays as under:
(1) That Para No. 1 of the petition is admitted.
(2) That Para No. 2 of the petition is not admitted, because the respondent is not a defaulter, because he had, purchased the disputed shop on ………….., from Shri …………. s/o……………, caste ……………, r/o ……………, who is nephew of the petitioner, by power of attorney, paying him cash consideration of Rs.8,00,000/- (Rupees eight lacs only), and therefore, from aforesaid date, the respondent’s capacity has changed from a tenant to a landlord, and hence the respondent is not a defaulter for payment of rent.
(3) That Para No. 3 of the petition is admitted.
(4) That Para No. 4 of the petition is also admitted.
(5) That Para No. 5 of the petition is denied.
(6) That Para No. 6 of the petition is also denied.
(7) That Para No. 7 of the petition, being legal, needs no reply.
(8) That Para No. 8 of the petition too, being legal, requires no reply.
(9) That Para No. 9, also being legal, needs no reply.
(10) It is, therefore, prayed that the petition be dismissed with costs.
Signature………… Signature……………………
Advocate of Respondent Respondent
Verification:
I, the respondent…………., do hereby verify that Paras No. 1 to 6 of the written- statement are correct as per may personal knowledge and belief; Paras No. 7 to 9 are correct based on legal advice. Para No. 10 is prayer.
Place: ………….. Signature……………….
Dated: …………. Respondent
Q.32. Prepare a draft of an appeal against the judgment and decree passed against the tenant directing him to pay arrears of rent and evict the disputed premises?
Ans. Before the Appellate Rent Tribunal,…………..
Rent Appeal No……………./……………
‘X’ s/o ‘Y’, by caste ‘Z’, aged ………….. years, resident of ……………. Appellant (defendant)
Versus
‘A’ s/o ‘B’, by caste ‘C’, aged……………… years, resident of……………. Respondent (Plaintiff)
Appeal under Section 96, C.P.C., r/o Section 19, Rajasthan Rent Control Act, 2001, against the judgment and decree dated ……………., passed by the Rent Tribunal …………., in Rent Petition No…………./…………..
May it please your honour,
The appellant-defendant prefers an appeal on the following grounds:
(1) That the learned subordinate Rent Tribunal has committed error in appreciating the relevant law and facts in its impugned judgment.
(2) That the learned Rent Tribunal has neither framed the issues regarding comparative hardship; and reasonable, personal and bona fide necessity, nor did it give findings on these important points.
(3) That the learned subordinate Tribunal has committed gross error in basing its judgment on the sole testimony of the land-lord PW.I-‘A’, without corroboration from any independent witness and documentary evidence.
(4) That the subordinate Tribunal has erroneously come to the conclusion that the appellant-tenant himself admitted the fact that he failed to pay/deposit the arrears of rent to the landlord. Such admission was never made by the appellant. The appellant could not timely file the receipts of rent in the Tribunal, because they were lost, but since the receipts have been searched, the appellant is now filing the same in the appellate Court, which may be admitted in evidence now, in the interest of justice. These receipts, marked ‘O’ and ‘P’, are enclosed herewith the appeal.
(5) That appeal has been presented within the period of limitation.
(6) That this Appellate Rent Tribunal has jurisdiction to entertain the appeal.
(7) That on the basis of valuation of the appeal, prescribed court fee of Rs. ………….. has been filed.
It is, therefore, prayed that, while quashing and setting aside the impugned judgment and decree, the appeal be accepted with costs.
Signature……………, Signature………………
Advocate for the appellant Appellant (defendant)
I, appellant……………., do hereby verify that Paras No. 1 to 4 are correct to the best of my knowledge and belief, and Paras No. 5 to 7 are based on legal advice. Prayer is also correct.
Place: ………………… Signature………………………..
Date: …………………. Appellant (defendant).