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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XX: Judgment And Decree

Order XX Rule 8 CPC: Procedure where Judge has vacated office before signing decree

Bare Act text

8. Procedure where Judge has vacated office before signing decree.—Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

If a Judge vacates office after pronouncing judgment but before signing the decree, the decree drawn up in accordance with that judgment may be signed by his successor. If the Court has ceased to exist, it may be signed by the Judge of any Court to which that Court was subordinate.

Order XX: Judgment And Decree

  1. 1 Judgment when pronounced
  2. 2 Power to pronounce judgment written by Judge’s predecessor
  3. 3 Judgment to be signed
  4. 4 Judgments of Small Cause Courts
  5. 5 Court to state its decision on each issue
  6. 5A Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders
  7. 6 Contents of decree
  8. 6A Preparation of decree
  9. 6B Copies of judgments when to be made available
  10. 7 Date of decree
  11. 8 Procedure where Judge has vacated office before signing decree
  12. 9 Decree for recovery of immovable property
  13. 10 Decree for delivery of movable property
  14. 11 Decree may direct payment by instalments
  15. 12 Decree for possession and mesne profits
  16. 12A Decree for specific performance of contract for the sale or lease of immovable property
  17. 13 Decree in administration suit
  18. 14 Decree in pre-emption suit
  19. 15 Decree in suit for dissolution of partnership
  20. 16 Decree in suit for account between principal and agent
  21. 17 Special directions as to accounts
  22. 18 Decree in suit for partition of property or separate possession of a share therein
  23. 19 Decree when set-off or counter-claim is allowed
  24. 20 Certified copies of judgment and decree to be furnished
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