Judge Kaushik discussed the logic underlining the doctrine of merger, stating that there can not be more than one decree or operative orders governing the same subject matter at a given point of time.
“It is the decree or the order of the superior court which is final and operative…The doctrine of merger applies to judgments as well as orders passed by the superior forum. The order of the lower court merges with the order of the superior courts irrespective of the fact whether the order has been modified, reserved or affirmed by the superior forum,” the Court said.
Source: Barandbench
