RAJASTHAN JUDICIAL SERVICE EXAMINATION

LAW PAPER 1
Time: 3 Hours M.M: 100
Important Instruction
1. The answer of the question should strictly be written in
the space provided below question and not elsewhere,
otherwise such answer shall not be assessed by
examiner.
2. The number of question and their marks are indicated in
the question paper cum Answer Book.
3. The candidate should write the answer in the provided
space. No supplementary Answer Book shall be
provided in any case.

Question No. 1 (3 Marks)

On the last day for depositing security or cost, the court is
closed. Can on this account benefit be claimed under
section 4, Limitation Act for depositing cost or furnishing
security on the next opening day of the court?

Question No. 2 (3 Marks)

What are "Money Bills” under the constitution? By which
judgment a constitution Bench of Hon’ble Supreme Court
upheld the passing of Aadhaar (Targeted Delivery of
Financial and other Subsidies, Benefits and services) Act,
2016 as a Money Bill?

Question No. 3 (3 Marks)

Which orders are not included in the definition of
'Decree'?

Question No. 4 (3 Marks)

Under what circumstances court shall reject the
application for permission to sue as a lndigent Person?

Question No. 5 (3 Marks)

Where would the following suits lie? —
(i) A suit for recovery of immovable property situated
outside the State.
(ii) A suit for partition of immovable property by a
member of a joint Hindu family against other members of
the family when a small portion of the immovable
property is situated in Rajasthan, but the larger part of it
is situated in Calcutta.
Question No. 6 (3 Marks)
How can a decree be enforced in the following? —
(1) A decree for specific performance of contract.
(2) A decree for restitution of conjugal rights.

Question No. 7 (3 Marks)

State in brief with statutory provisions and reasons'
whether permanent injunction can be granted in
following cases?
(A) To restrain his/her spouse from second marriage
(B) To prevent the breach of a contract, the
performance of which is specifically enforceable.

Question No. 8 (3 Marks)

What is the relevance of consideration to the validity and
performance of a contract? Indicate the different types of
considerations supported by instances. In what
circumstances can a valid agreement be made without
consideration.

Question No. 9 (3 Marks)

Who exercises disciplinary control over the State Judicial
Service?
Question No. 10 (3 Marks)
Under what provisions of the Indian Evidence Act, are the
following facts relevant or not relevant?
(a) The cries for help heard by the people residing around
the place where the girl was raped.
(b) In a case of theft of jewellery in the bedroom against
the servant the fact that only the domestic servant had
keys of the bedroom and knew that the jewellery was in
the house that night.

Question No. 11 (4 Marks)

Distinguish, with illustrations, between res sub-judice and
res-judicata.
A sues B for a declaration of title to land and obtains a
decree. A then sues C for possession. C's contention is
that B is the real owner and C is in possession as a tenant
of B. Discuss the validity or otherwise of the defence.

Question No. 12 (4 Marks)

What is the law relating to performance of contract by
joint promisors under the Indian Contract Act, 1872?
Question No. 13 (4 Marks)
What are public documents? How can these be proved in
a court of law? Whether the certificate granted by the
head of an educational institution regarding the date of
birth of a student, would be admissible as a public
document?

Question No. 14 (4 Marks)

With appropriate illustrations explain Continuing
Guarantee and revocation thereof

Question No. 15 (4 Marks)

Which are the modes of execution of orders under the
Rajasthan Rent Control Act, 2001.

Question No. 16 (6 Marks)

In what cases an Advocate-General of a State can bring a
suit and what relief or reliefs can be claimed in such a
suit? Can any other person bring a suit to obtain those
reliefs and in what manner?
Describe in short the procedure for obtaining the
discovery and inspection of documents.
Question No. 17 (6 Marks)
Plaintiff “A" institutes a suit for permanent injunction
against defendant, 8, on 20.O2.2O02. After filling of
Written Statement by the defendant, the court framed
the issues and fixed the case for plaintiff's evidence on
21.07.2005. On 21.07.2005 the Plaintiff himself appeared
for his evidence but the defendant and his counsel did not
appear in the court. On this, the court recorded
statement of plaintiff and closed the defendant's
opportunity of cross examination and also passed the
order to proceed ex party against the defendant. The
case was fixed for evidence of plaintiff’s remain in E
witnesses for 11.08.2005. Defendant appeared on
11.08.2005 and filed an application under Order IX Rule 7
CPC with the averments that he could not appear on
21.07.2005 due to marriage in the family and his counsel
was busy in other courts, hence, the counsel also could
not appear and prayed to allow him to cross examine
the plaintiff by setting-aside the ex-party order passed
against him. Plaintiff, in his reply, rebutted all the facts
raised in the application and contended that above
application was presented with an intention to delay the
case.
Write an order on such application with relevant
provisions and brief reasons.
Question No. 18 (6 Marks)
Explain what is a wagering contract? Is a suit maintainable
to enforce agreement by way of wager? Distinguish
between a wagering contract from a teji mandi
transaction.
Where a suit is brought by a broker or an agent against his
principal to receive his brokerage or commission in
respect of wagering transactions entered into by him in
such or for indemnity for losses incurred by him as such
transaction on behalf of his principal, would such
collateral agreements be enforceable?

Question No. 19 (6 Marks)

What is the meaning of tenant under the Rajasthan Rent
Control Act’ 2001’ and what is the procedure for eviction
of a tenant?

Question No. 20 (6 Marks)

Describe the procedure for bringing on record the legal
representatives in case of the death of a plaintiff or
defendant. What result would ensue if the legal
representatives are not brought on record within
limitation? Would it make any difference if there are more
than one defendant and one of them dies?

Question No. 21 (10 Marks)

Write short note on:
(a) What is the constitutional concept of 'Minority'.
(b) Presumption as to documents thirty years old
(c) Relevancy of the character of a person in civil cases
(d) Extra judicial confession.
(e) Recording of the evidence of a witness unable to
speak

Question No. 22 (10 Marks)

Write a reasoned judgment on the following facts-
Averments in the Plaint
On 19.04.2018, the plaintiff instituted a suit against the
defendant on the facts that he purchased the suit
property through an agreement dated 13.05.2000 and
he is in continuous possession since then and he
constructed a room thereupon. According to the
plaintiff, he is in settled possession over the suit
property. On 15.01.2001, plaintiff filed an application
for regularization of his land, in prescribed form
enclosing site plan and necessary documents before
defendant Municipality, in accordance with the circular
of State Government and deposited a cheque
No.05560671 amounting Rs.50250/- on the basis of seif
determination. On 25.03.2018, the officers of the
defendant came on the suit property and started
demolishing the boundary wall and construction. On
the protest of plaintiff, they returned back telling that
the suit property is of the ownership of defendant and
they will dispossess him, for which defendant has no
right. At the end plaintiff prayed to issue permanent
injunction in his favor and against the defendant not to
demolish the construction and boundary wall of the suit
property, not to dispossess him and not to do so
through their agent or servant etc. lf, during the
pendency of the suit, plaintiff would be dispossess from
suit property than the same be restored and order to
the defendant to regularize the suit property in favor
of plaintiff.

Averments in the Written Statement

The possession of the plaintiff over the suit property is
not legally valid. Presently, the nature of the suit
property is of agriculture land, which has not been
regularized. The construction was not constructed with
the permission of the defendant. The defendant did not
order to deposit the amount for regularization.
Presently, the suit property is shown in the name of
defendant in the Jamabandi. Plaintiff is a trespasser.
The construction is illegal. Plaintiff is not having settled
possession. Hence, defendant has every right to
remove the construction work and to evict the plaintiff
from the suit property. At the end, defendant prayed to
dismiss the suit with cost.