Doctrine of merger – Does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. [SCeJ 212701]

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There can only be one operative decree governing the same subject-matter at a given point of time.

1. The doctrine of merger applies when a higher forum entertains an appeal and passes an order on merit.
2. The doctrine of merger does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority.
3. When a special leave petition is dismissed summarily, the doctrine of merger does not apply, but when an appeal is dismissed, it does.
4. When a special leave petition is disposed of by a speaking order, the doctrine of merger shall apply.
5. When an appeal is dismissed on the ground that delay in filing the same is not condoned, the doctrine of merger shall not apply.

Merger – Where a statutory appeal is provided for, subject, of course to the restrictions which may be imposed, it is a continuation of suit. It is also not in dispute that when a higher forum entertains an appeal and passes an order on merit, the doctrine of merger applies. [Para 10]

Merger  – Doctrine of merger is based on the principles of propriety in the hierarchy of the justice-delivery system –  The doctrine of merger does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority – The said doctrine postulates that there cannot be more than one operative decree governing the same subject-matter at a given point of time. [Para 23]

Merger  – Doctrine of merger – When an appellate court passes a decree, the decree of the trial court merges with the decree of the appellate court and even if and subject to any modification that may be made in the appellate decree, the decree of the appellate court supersedes the decree of the trial court –  In other words, merger of a decree takes place irrespective of the fact as to whether the appellate court affirms, modifies or reverses the decree passed by the trial court – When a special leave petition is dismissed summarily, doctrine of merger does not apply but when an appeal is dismissed, it does – However,  when a special leave petition is disposed of by a speaking order, the doctrine of merger shall apply – However, when an appeal is dismissed on the ground that delay in filing the same is not condoned, the doctrine of merger shall not apply. [Para 23 – 28]

limitation Act , Art. 136  –  All decrees, be they original or appellate, are enforceable – Once a decree is sought to be enforced for the purpose of execution thereof irrespective of being original or appellate, the date of the decree or any subsequent order directing any payment of money or delivery of any property at a certain date would be considered to be the starting period of limitation –  It is axiomatic true that when a judgment is pronounced by a High Court in exercise of its appellate power upon entertaining the appeal and a full hearing in the presence of both parties, the same would replace the judgment of the lower court and only the judgment of the High Court would be treated as final – When an appeal is prescribed under a statute and the appellate forum is invoked and entertained, for all intent and purport, the suit continues. [Para 20, 21, 22]