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TIU UIGU COURr
orGUIANAT

HIGH COURT OF GUJARA T

MAIN WRITTEN EXAMINATION
FOR RECRUITMENT TO THE POST OF DISTRICT JUDGES
QUESTION PAPER: CIVIL LAW
· Date: 25-02-2024 Time: 2:30 pm to 05:30 pm Maximum Marks = 100

Q. 1. Answer a_ny: five questions from the-follo_wing: (6 Marks each)-

-. -- - .

~~~ ~·
t. -Oiscuss ..~
about the.•,· powers of "th~~ 'a:pp.eUate: -ct>}rr:Ltct=-
-'-~~-.:- . . :::.:-::.·_:-·~-.;,.._=:.·-
~ad~;E-addit-tonat e.vidence
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- ~ c:• ~- ~' - tti · -~peai? _- lf ~so;. under w~t~-:~ircu~ sfaffi-§~ ?ftl.rtrreff~) Jri~r ~ what
- --. _- ~ 9jrE_~~~tah~e~-~'~h~Gtiµ tfc~~rt rem,~~~ __ ~<~-_;·e~~--r1fscuss:in-:lightofle9al

'provt~t~ s.~·?1:~~sr ·-!~~~•-:~~~:~)-c--~~':,i~~-~=;::.:__;,/:-,: __ ' __:_~~~ _ __ _

___ -2--~ Discuss -the, -requfrement ·ancf -~Umitation for filing suit under Section 6 of
Specific Relief Act and the effect of the judgement on the ownership of the
property.
3. Discuss in light of various case laws the law relating to rejection of plaint under
order 7 rule 11 of CPC. Whether the plaint can be rejected in part?
-
4. Write Short notes under th~_MotorV~hic l~s~ _ft:
a) Contributory negligenc~i'a-~9 f O_rr1p6site Aeglrgence
b) Applicability of direct1ons ·:'to pay ~and rec_over" against the insurance
company.

5. Discuss the law relating to the capacity of minor to contract.. ~~nder what
circumstances, minor's contract can be held to be valid? Whether the minor is
liable to return/restore the benefit received by :l"ltm in the event contract of
being held void? Whether the law remains the same if the contract is entered
into by the guardian of the minor on his behalf for the benefit of minor?

6. (a) Whether the statutory bar contained in Section 35 of the Stamp Act, 1899
applicable to instruments chargeable to stamp duty under Section 3 read with
the Schedule to the Act, would also render the arbitration agreement
contained in such an instrument, which is not chargeable to payment of stamp

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 duty b · . .
' as emg non-existent, unenforceable or .
ing. payment of
stamp duty on the substantive contract/inst~ume;t~a~, pend I
p,
provisions and case law . · iscuss in light of legal p,
at
(b) Whether an unregistered insufficiently stamped documen
t can b d
e use fo r af
collateral purposes, discuss with reasons. , 06
the service he
7. 'A' joined the employment of 'C' . At the lime of joining As
ization for a peridd of of
e;~c uted a bond to the effect that he will serve the organ
a east two years :aili_ ng which he shall pay an amount of rupees Two Lakh 12.
the organization to
Only . to the ~rgan~zat1on. He was imparted training by Th
left the job after a
ac~u ire special skills required to perform his duties. He
Two Lakh against 'A'
perio d of one year. 'C' filed a suit for recovery of rupees 1
in its claim? Decide.
on the basis of the bond executed by 'A'. Will 'C' succeed
imparted to 'A' for
Wou ld it mak e any difference if no training would have been
acqu iring the skills for the job?
the Family Courts Act
8. Can the High Cour t sitting in appeal under Section 19 of
ation preferred under
agai nst the orde r refusing decree of divorce in an applic
of divorce on ground
sect ion 13 (1 )(i-a) of the Hindu Mariiage Act, grant relief 3.
age Act?
of mutu al cons ent unde r Section 13(b) of the Hindu Marri
4.
wing : (4 Marks each )
Q. 2. Writ e Sho rt note s on any five from the follo
(i) "Onc e a mort gage always a mortgage"
(ii) Diffe renc e between Lease and Licence 5.

(iii) R~q uirem ent of a valid gift under Mohammedan Law

(iv) Sect ion 25 of CPC _ _ .
Limitation Act, 1963
(v) Essentials of valid ackno'A'ledgement ofde bt under the Th
of Goods Act, 1930
(vi) Define conditions and Warranty within the realm of Sale sai
(vii) Define bailment, bailer and bailee St,
r of attorney holder cri
(viii) Discuss about the admissibility ~f evidence of powe 1
beha lf of principal

reas oned judg eme nt on the basis of the facts , evide nce and
Q. 3. Write a well
2
details given hereunder. (50 Marks)
Facts in Brief: - on
between the parties the
An agreement to sell agricultural land was executed 3
purchaser was to paY0101
17.·07.2007 for a considerati~n of Rs, 50,00,000/- and the
.2007. Out of th e ~aid
consideration amount within 3 mont.hs, i.e. by 17.10
0,000/- within th e
consideration amount, purchaser paid a total of Rs. 44,0 Ci•

Civil Laws Question Paper

I:-.
period of three months while balance amount of Rs. 6,00,000/- admittedl y was_ n~t
paid within the stipulated period of 3 months. On 2~.07.201 ~, the purchase r/plarntrff
a\leged\y sent the first notice to the vendors seeking specific performa nc~ ~f the
agreement. Thereafter, a second notice was sent by the purchase r/plaintiff on
06.11.2012.
As the sale deed of the subject property was not executed by the vendors in favour
of the plaintiff/purchaser, he filed the suit for specific performa nce of the contract on
12.12.2012.

The trial Court framed following issues for consider ation:

1. \Nhether the purchaser is entitled for Specific Performa nce of agreemen t dated
17.07.2007 directing the vendor to execute a registered sale deed in favour of
purchaser in respect of suit land?

2. Whether time is the esserice of the contract as pleaded by the vendor, if so

whether the purchaser is not entitled for Specific Performance of agreemen t of
sale as pleaded by him?

3. Whether the suit filed by the purchaser is barred by limitation?

4. Whether the purchaser is entitled for alternative reliefs of delivery of possession

and for refund of Rs. 34,80,850/ with interest @36% per annum as pleaded in
the plaint?

5. To what relief?

Facts established in evidence

The purchaser had issued a cheque for Rs. 6,00,000/ which was dishonoured. The
said fact was not disclosed by the plaintiff in his pleadings.

Stand of the Plaintiff/purchaser:

1. Time is not the essence of the contract as the date for execution of sale-deed
was not fixed/specified . Further, vendor was supposed to obtain necessary
clearance certificate which he did not do

2. Plaintiff had paid the substantial consideration within the stipulated time and
also deposited the remaining consider~tion amount before the Court and was
always ready and willing to perform his part of contract.
3. The suit is well within limitation as no time for performance of contract w as
·f· d d ·
spe~1 1e an in that case, limitation is to be counted from the date of refusal to

Civil Laws Question Paper Page 3 of 4

 perform the same.

4. ~n _th~ l_ight of the amendment to Section 10 of the Specific Relief Act the .
Juns~1~t1on to grant specific performance of a contract is no longer discreti;nary I ¥1,.
and It IS mandatory for Courts to grant such relief. r:.
Stand of the defendant/vendor ··
1. That the suit is barred by limitation .

2. T~at the purchaser has failed to prove his readiness and willingness to perform
~is pa~ of contract as the entire consideration amount was not paid with the
time stipulated for the payment of consideration.

3. Time is the essence of the contract as the time limit for making payment was
stipulated.

Trial Court dismissed the suit and decided as under:

1. The purchaser approached the Cqu_rt with unclean hands and suppressec
material evidence. The purchaser was never ready to pay the balance sale
consideration, if so, he. would have either issued a notice to the vendor making
out his willingness to pay and that {he purchaser is not entitled for specific
performance of the agreements of sale

2. Time is not the essence of the contract in the present case as parties never
intended to treat time as an essence of the contract.

3. The suit is barred by limitation as the purchaser was supposed to pay the ent:re
sale consideration by 17.10.2007_and thus the limitation is to be counted frcr
the said date. .:~,
' .. •

4. Even for the recovery of' t.h, advance amount, the suit was barred by limitation.

Points for Determination in Appeal:

A. Whether the suit.for specific performance is barred by limitation?

. . r f A t ·s prospective or
8. Whether the amended Section 10 of the Spec1f1c Re ,e c ,
retrospective in operation?
r f f specific performance?
c. Whether the purchaser is entitled to the re ie O . f
. to take benefit of Section 12 o
D. In any case, whether th~ p~rchaser is ent~leda ment made in respect of the
~ the Specific Relief Act in view of the pa P y
contra.ct?
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Civil Laws Question Paper
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