Rajasthan Civil Judge Exam

Rajasthan Civil Judge Exam questions and answers get comprehensive and accurate information to help you prepare for the exam. Our collection of questions and answers covers various topics, including civil law, procedural law, constitutional law, and more. Boost your chances of success by studying and practicing with our reliable resources. Start preparing now to achieve your goal of becoming a civil judge in Rajasthan.

Part-‘A’

Q.1 Whether the Code of Civil Procedure, 1908 extends automatically to the State of Nagaland?

Ans. The Nagaland State Government may, by notification in the Official Gazette extend the Code of Civil Procedure, 1908. [Section 1(3)(b), Proviso, Civil Procedure Code, 1908]

Q.2 In a suit for possession, when can a preliminary decree be passed?

Ans. In a suit for possession, a preliminary decree can be passed when further proceedings have to be taken. [Section 2(2), Explanation read with Order 20 Rules 12 and 18, Civil Procedure Code, 1908]

Q.3. Whether for the judgment of a petition or application, a decree may be prepared?

Ans. When in the judgment of application/petition, the Court conclusively determines rights of parties regarding matters in controversy. [Section 2(2), Civil Procedure Code, 1908]

(Example: In a petition filed under Section 13 of the Hindu Marriage Act, 1955, the competent Court can pass a decree of divorce.)

Q.4. What is difference between sale and lease?

Ans. In sale, the ownership and all rights of immovable property are transferred for consideration, whereas in lease, only the right to use such property is transferred. [Sections 54 and 105, Transfer of Property Act, 1882]

Q.5. Differentiate tort and crime?

Ans. Tort:

(1) Plaintiff is awarded damages.

(2) It is wrong towards certain person/s.

(3) Suit for unliquidated damages is filed before civil Court.

(4) Aggrieved party himself files a suit.

(5) Damages are awarded to the victim himself.

(6) Compensation is claimed as of right.

Crime:

(1) Punishment is imposed on accused.

(2) Crime is against the society at large.

(3) Prosecution or criminal proceeding is launched in criminal Court.

(4) State or Government files challan/complaint.

(5) Amount of fine is ordinarily deposited in the Government treasury.

(6) Compensation is not claimed as of right.

Q.6. Under which section, pecuniary jurisdiction has been defined?

Ans. Under Section 6, Code of Civil Procedure, 1908.

Q.7 Whether a party can file a suit in his adjoining Court?

Ans. Suit shall be instituted in the Court within the local limits of whose jurisdiction the property is situate, where cause of action, wholly or partly, accrued; or where the defendant resides or carries on business or personally works for gain. [Sections 16, 19 and 20, Civil Procedure Code, 1908]

Q.8 Where the suit relating to a lease will be filed?

Ans. Suit relating to a lease of immovable property will be instituted in that Court within whose local limits that property is situate. [Sec. 16, Civil Procedure Code, 1908]

Q.9 Whether an advocate may appoint another advocate for arguments?

Ans. Yes.

Q.10. Whether a stranger can be a legal representative?

Ans. If a stranger intermeddles with the estate of a deceased, his status is that of a “legal representative”.

Example: An administrator of a will who intermeddles with the estate of the deceased. [Section 2(11), Civil Procedure Code, 1908]

Q.11 After decree of foreclosure, whether the possession of a mortgagor on the mortgaged property is valid?

Ans. When a decree of foreclosure is passed in favour of mortgagee, the possession of mortgagor on mortgaged property is invalid. [Section 67, Transfer of Property Act, 1882]

Q.12 State those grounds of divorce which are not grounds for judicial separation?

Ans. Following is the ground of divorce only, which is not a ground for judicial separation:

There has been no resumption of cohabitation or restitution of conjugal rights between parties to the marriage for one year or upwards after the passing of a decree for judicial-separation or restitution of conjugal right. [Sections 13 (1-A) and 10, Hindu Marriage Act, 1955]

Q.13. When the Code of Civil Procedure came into force for the first time?

Ans. In the year 1859.

Q.14. Whether a suit relating to caste comes with the purview of a civil suit?

Ans. No. [Section 9, Explanation 1, Civil Procedure Code, 1908]

Part ‘B’

Q.16. Narrate the objects of the Code of Civil Procedure, 1908?

Ans. (1) To consolidate and amend the laws relating to procedure of Courts of civil judicature.

(2) To provide easy procedure to enforce rights and liabilities of parties.

(3) To enforce inherent powers of the Court.

(4) When the procedure has been provided in the local and special laws, then the Civil Procedure Code, 1908, need not interfere.

Q.17 From legal point of view, whether the Civil Procedure Code, 1908 creates primary rights?

Ans. Substantive law creates, defines and regulates the rights, duties and powers, whereas procedural law provides for procedures and methods to enforce the rights and duties.

Since, the Civil Procedure Code, 1908, does not create any primary rights and duties, this Code comes within the purview of a procedural law, and not a substantial law.

Q.18 On what conditions, the provisions of the Civil Procedure Code, 1908 are applied to Revenue Courts?

Ans. Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government may by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government may prescribe. [Section 5, Civil Procedure Code, 1908]

Q.19 What reliefs are available to a tenant if the agricultural land of the tenant is in unlawful possession of another person?

Ans. If the agricultural land of a tenant is in unlawful possession of another person, the aggrieved tenant, by instituting a suit for declaration of rights, permanent injunction (including application for temporary injunction) and eviction, in the competent revenue Court, may seek appropriate reliefs. All such legal actions will be conducted under the provisions of the Rajasthan Tenancy Act, 1955. [Sections 88, 92-A read with Section 161, Rajasthan Tenancy Act, 1955]

Q.20. Where a suit for breach of contract will be instituted, if the parties reside in India?

Ans. Suit for breach of contract will be instituted in a Court within the local limits of whose jurisdiction—

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides or carries on business, or personally works for gain, or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution;

(Note: A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.) [Section 20, Civil Procedure Code, 1908]

Q.21. In which Court a suit relating to torts will be instituted?

Ans. Suit for wrongs for compensation relating to immovable property will be instituted in a Court within the local limits of whose jurisdiction such property is situate.

Suits for compensation for wrongs done to person or movables will be instituted in a Court within the local limits of whose jurisdiction such wrong was done and if the defendant resides, or carries on business, or personally works for gain within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts. [Sees. 16(e) & 20, Civil Procedure Code, 1908]

Q.22. What points are dealt with in the draft of a plaint?

What description should be given in a plaint?

Ans. Description of a plaint.—

(1) Name of the competent Court:

(2) nature, number and year of the suit;

(3) description of both the parties to the suit;

(4) heading of the plaint, e.g., suit for eviction and arrears of rent;

(5) para-wise pleadings of the suit

(6) mention of amount relating to relinquishment, if any;

(7) cause of action;

(8) jurisdiction of Court-both territorial and pecuniary;

(9) limitation;

(10) valuation of suit and Court-fee paid thereon;

(11) relief sought;

(12) verification;

(13) signatures of the parties and their Advocates; and

(14) place and date.

Q.23. What description is narrated in the title of a plaint?

Ans. In a plaint, after narrating name of the Court and names and description of the plaintiff and the defendant, nature and purpose of suit should be written in the title of a plaint. It is written in the title of plaint as to what is the nature of the suit and for what purpose the suit is being instituted and what is its main subject-matter?

For example: suit for arrears of rent, including mesne profits, and eviction of shop/ residential house; suit for specific performance of the contract, suit for recovery of Rs.5,000/-; suit for dissolution of partnership business and rendition of accounts; suit for partition of properties of joint Hindu Family; suit for malicious prosecution claiming compensation for Rs.1,00,000/-, suit for purchasing house on the basis of pre-emption etc.

Q.24. A Government Company/department wants to select an ineligible or incapable person. Prepare a draft of an application for temporary/ad interim injunction for its stay.

Ans. In the Court of the Civil Judge (Junior Division),———–.

Civil Miscellaneous Suit No. ———/20 ———-.

Applicant:

son of ———–, by caste ———–, resident of ———–.

Versus ———-

———- Non-applicant:

(1) The State of Rajasthan, through the Collector,—————–

(2) ———- (Name of the post and office/department), ——–(place).

Application under Order 39 Rules 1 and 2, read with Section 151, Civil Procedure Code, 1908.

The applicant prays as under:—

1. That the applicant has filed a suit against the non-applicants for permanent injunction, in which the applicant has got every hope to succeed.

2. That the non-applicant No. 2 in order to fill up posts of two legal assistants in his department.—————, got published an advertisement in the daily newspaper, namely, “——————“, dated ———— , at page ———– , according to which, the last date of the receipt of the applications (on plain papers) by the candidates in the office of the non-applicant No. 2 was ————- . They will be selected on the basis of interview dated ———.

3. That the minimum educational qualification for the eligibility of the candidates for this post as prescribed by the non-applicant No. 2 was graduation from any recognized university and that candidates were to be selected on the basis of interview only.

4. That in the Government departments of the State of Rajasthan, the recruitment and selection of the legal assistants can only be made by written competitive examination and then interview, which must be conducted by the State Public Service Commission. Prima facie this norm has not been complied with.

5. That for the eligibility for the post of legal assistant, the minimum educational qualification of the candidate is ‘law-graduate’ and this condition has not been prima facie complied with.

6. That the applicant has a strong prima facie case in his favour. If ineligible candidates are appointed, the applicant will sustain an irreparable injury. Balance of convenience is also in favour of the applicant, because he is a law-graduate candidate.

It is, therefore, prayed that upto the interview date___________ for the aforesaid post, an interim/temporary injunction be issued in favour of the applicant and against the non-applicants to the effect that the non-applicants will neither conduct the interview for the posts of legal assistants on the prescribed date ————— nor will they make recruitment/selection of any candidate.

Sd\- Sd/-

Counsel for the applicant Applicant

Part ‘C’

Q.26. What do you understand by representative suit? Describe its procedure.

Ans. A suit filed by one or numerous persons on behalf of all persons having the same interest is called “representative suit”. [Order 1 Rule 8, Civil Procedure Code, 1908]

Important Conditions:—

(i) With permission of the Court, such suit may be filed or defended;

(ii) Interested persons should be more than one;

(iii) Interested persons should have same interest and profit; and

(iv) All interested persons should be informed/given notice.

In a case for declaration or injunction of a public nuisance or other wrongful act affecting public, it may be filed by the Advocate General; or with leave of the Court, by two or more persons. [Section 91, Civil Procedure Code, 1908]

Q.27. State briefly the main principles relating to the interpretation of the Constitution.

Ans. The provisions of the Constitution should be normally interpreted in the like manner as the other statutes are interpreted, viz., —

For the interpretation of the Constitution also, it is the duty of the Courts to know the intention of the framers of the Constitution by knowing the intention from the language/words used in its provisions.

If more than one interpretations of a constitutional provision are possible, then that construction should be adopted which can save it from being meaningless. The Courts should treat the meaning correct, by which the constitutional provisions can be smoothly and cordially given effect.

The Constitution should be liberally and broadly interpreted, so that there may not be inconsistency or repugnancy to know the intention of the framers of the Constitution.

The sprit of the Constitution cannot override its clear and unambiguous language. The spirit of the Constitution should be searched in the language of the Constitution.

Interpretation of the Constitution should neither be made in narrow sense nor by verbosity. It should be interpreted to gain maximum possible interests for the citizens of India and to provide them maximum possible freedom within the purview of the Constitution.

Since each provision of the Constitution is constitutional, any of its part cannot be declared unconstitutional.

Interpretation of the fundamental rights and legislative entries should be interpreted in favour of such right-holders adopting liberal and vast points of view.

Although the provisions of the Constitution should be construed according to the same principles which are applied for the interpretation of ordinary statutes, yet it should always be remembered that the Constitution is such a legislation under which all the statutes are legislated. Therefore, the Constitution is called the fundamental document or the fundamental law.

While interpreting the word “amendment” enshrined in the Constitution, the Supreme Court laid down that its correct interpretation should not be searched in the external sources, but it should be searched within the Constitution itself. The power of amendment can only be exercised by the Parliament and it cannot be delegated.

For establishment of a socialistic democratic welfare State, the Constitution should be interpreted according to the Directive Principles of the State, so that conflict between the fundamental rights and other rights may be avoided.

Although the Directive Principles of the State should definitely be tried to be enforced, yet in enforcing them, the fundamental rights must not be infringed.

In case of conflict between the Articles relating to the fundamental rights and-other Articles, every possible efforts should be made to create harmony between them; and in case of its impossibility, then only one article should be considered to have overridden the other.

The preamble is a part of the Constitution, which has relation with its basic structure.

When the language of any provision of the Constitution is ambiguous or doubtful, then for its interpretation, the Preamble may be utilized.

No citizen can relinquish his fundamental rights enshrined in the Constitution of India.

Q.28. What do you know about the rights of the advocates to practice?

Ans. Every advocate whose name is entered in the State roll shall be entitled as of right to practise through the territories to which the Advocates Act, 1961 extends.—

(i) All Courts (including the Supreme Court);

(ii) Before any Tribunal or person legally authorised to take evidence; and

(iii) Before any other authority or person before whom such advocate is legally entitled to practise. [Section 30, Advocates Act, 1961]

An advocate is officer of the Court. The advocates have rights, duties and liabilities for speedy disposal of the cases pending before Courts. They also have duties towards their clients and colleague-advocates. The strikes and boycott conducted by them put hindrance in the administration of justice. Therefore, they cannot put hurdle by such acts in the smooth working of the Courts.—See: Ex. Col. Harish Uppal vs. Union of India etc., AIR 2003 SC 739.

Q.29. How a suit is disposed of against a minor?

Ans. Suit by a minor plaintiff is instituted by his own name through his next friend, whereas, for the minor defendant, an appropriate person will be appointed as a guardian ad litem by the competent Court.

A minor party will not be personally liable for any liability, but his liability will be only to the extent of this property. [Order 32, Civil Procedure Code, 1908]

Q.30. How the suits relating to mortgage are disposed of?

Ans. In the matters relating to mortgage, the following kinds of suits can be instituted:—

(1) For redemption of the mortgaged property;

(2) For foreclosure of the mortgaged property;

(3) For sale of the mortgaged property;

(4) For recovery of the remaining amount due on mortgage.

In the decrees passed for such suits, while adding the amount of interest in the principal recoverable amount, the Court will pass the decrees accordingly.

When the suit succeeds, firstly a preliminary decree is passed and then final decree is passed.

The Court can also order in favour of the successful party ordering the opposite party to pay the mesne profits and costs of the suit. [Section 34, Civil Procedure Code, 1908]

Q.31. What are the provisions relating to restitution of conjugal rights in the Civil Procedure Code, 1908?

Ans. Under Section 32-A, Civil Procedure Code, 1908, light has been thrown on the suits relating to matters concerning the family. The provisions of this Order also apply to the suits or proceedings for matrimonial relief, because the husband and the wife come within the purview of a family. It includes the suit for restitution of conjugal rights also. The provisions, which have been enshrined in the personal law and special law, the provisions of Order 32-A, CPC, shall not apply on them.

If any party requests the Court to hold the proceedings in camera, the proceedings may be held in camera.

An endeavour shall be made by the Court in the first instance, to assist the parties in arriving at a settlement and at any stage of the suit or proceedings, attempts will be made by the Court to effect such a settlement. It shall be open to the Court to secure the services of welfare expert (preferably a woman, where available) for this purpose.