When a judge vacates office post-judgment but prior to signing the decree, it may be authenticated by _____________________ pursuant to Order XX, Rule 8?
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Answer: B. The successor of decree passing judge
Explanation
The correct answer confirms that a successor judge may authenticate a decree under Order XX, Rule 8. Procedural law prevents administrative delays by allowing a judge's successor to sign unauthenticated judgments. This rule ensures that litigants receive their formal decrees even if the trial judge vacates office. Judges occasionally retire, transfer, or resign after pronouncing judgment but before signing formal decrees. Order XX of the civil procedure code outlines the exact requirements for judgment delivery and decree drafting. Authentication by a successor judge preserves judicial continuity and finalizes completed court cases.
Civil courts handle heavy caseloads where judicial transfers can occur mid-litigation or post-judgment. Legal execution proceedings depend on properly signed and authenticated judicial decrees. Utilizing successor authentication saves parties from repeating lengthy trials due to administrative vacancies. Option A refers to general court officers who lack the judicial authority required for decree authentication. Option C points to District Judges, whereas the rule specifically empowers the immediate successor judge. Option D is incorrect because option B accurately identifies the successor of the decree-passing judge.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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