Practice Studio/Civil services & state PSC mains
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Judicial Services (PCS-J) Mains — Answer Writing

A judiciary mains answer is not an essay about the law: it states the provision, applies it to the facts given, and concludes. Judgment and order writing is examined as a format in its own right, and format errors there cost marks no amount of legal knowledge recovers.

JUDICIAL SERVICE (MAIN) EXAMINATION
SUBSTANTIVE LAW — CIVIL
Time Allowed: Three HoursMaximum Marks: 200

Attempt all questions. Support your answers with the relevant provisions and case law. Marks are indicated against each question.

  1. 1.A files a suit for specific performance of an agreement to sell. B contends that the agreement is unregistered and hence inadmissible. Decide, giving reasons.10
  2. 2.Frame the issues arising from the pleadings set out above and state the burden of proof on each.15
  3. 3.Explain the doctrine of res judicata and distinguish it from res sub judice.10
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1
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Studio 07:30
Civil Law10 marks

A files a suit for specific performance of an agreement to sell. B contends the agreement is unregistered and hence inadmissible. Decide, giving reasons.

2
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Writing room 04:12
Type Speak Paper
An agreement to sell does not create any interest in property. Registration is not compulsory for an agreement to sell. So the agreement is admissible and A can get specific performance if he was ready and willing to perform his part. Under the Transfer of Property Act a sale is a transfer of ownership for a price and it is the sale deed which requires registration, while an agreement to sell only creates a right to obtain another document in future. Since no interest in the property passes under it, the objection taken by B is not correct in law. The document can be looked into by the court for the purpose for which it is being used in this suit. The court will consider the pleadings and the evidence led by both sides and then decide whether the relief claimed should be granted to A.
146 / 150 words
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Your page, photographed and readMarked in red
Q. No. 1Civil LawMax. marks 10
Q1

An agreement to sell does not create any interest in property. Registration is not compulsory for an agreement to sell. So the agreement is admissible and A can get specific performance if he was ready and willing to perform his part?. Under the Transfer of Property Act a sale is a transfer of ownership for a price and it is the sale deed which requires registration, while an agreement to sell only creates a right to obtain another document in future. Since no interest in the property passes under it, the objection taken by B is not correct in law. The document can be looked into by the court for the purpose for which it is being used in this suit. The court will consider the pleadings and the evidence led by both sides and then decide whether the relief claimed should be granted to A.

Section 49 proviso — an unregistered document may be received as evidence of a contract in a specific performance suitSection 16(c) as amended, and the pleading requirement
5/10
Page 1Marks for each expected point are written down the right margin
The pen marks on your page
StrongCorrect conclusion — but the section that says so is what earns the mark.
VagueRight test, wrong depth: name the requirement and that it must be pleaded and proved throughout.
What the examiner wanted and did not find
  • Section 49 proviso — an unregistered document may be received as evidence of a contract in a specific performance suit
  • Section 16(c) as amended, and the pleading requirement
  • The discretionary nature of the relief under Section 20
Model answer for this question

State Section 54 TPA (an agreement to sell creates no interest), then Section 17 read with the proviso to Section 49 of the Registration Act (an unregistered agreement is receivable as evidence of the contract in a suit for specific performance). Apply: the objection therefore fails. Then Section 16(c) — readiness and willingness must be pleaded and proved — and Section 20 discretion. Conclude with the finding and the consequential order.

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4
And you see where each mark went

The scoring behind those pen marks: every criterion, what it was worth, what you earned, and a model answer.

Evaluation reportIllustrative
Examiner criteria
Section 54, Transfer of Property Act — agreement creates no interest1/2

The proposition is stated; the section is not cited.

Section 17 / 49, Registration Act — compulsory registrable documents0/2

Not cited. This is the provision the objection actually turns on.

Section 16(c), Specific Relief Act — readiness and willingness1/2

Test named without the section or the pleading requirement.

Application to the facts2/2

The facts are engaged and a conclusion reached.

Conclusion in the form of a finding1/2

States the outcome but not the order that follows.

Total 5/10AverageAI estimate — not an official score

PCS-J Mains at a glance

Conducting bodyState Public Service Commissions and High Courts
ModeHandwritten in an answer booklet
Papers4
MarkingPCS-J Mains — examiner criteria
Marked the way PCS-J Mains answers are marked — examiner criteria, against this exam's own conventions rather than a generic essay rubric.
Every state runs its own judicial services examination with its own paper list, marks and local laws. Take the paper names here as the shape of the exam and the state notification as the authority.

What PCS-J Mains sets

The papers you sit, and what each is worth.

1Substantive law — civil

Typically CPC, Contract, Transfer of Property, Specific Relief and the state's local laws.

2Substantive law — criminal

Typically the penal code, the procedure code and the evidence law in force.

3Language paper

Translation, precis and composition in the state language and English.

4Judgment / order writing

Framing issues, findings, reasoning and the operative order.

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