Doctrine of merger

--- S. 48 --- Limitation Act (IX of 1908), Art. 181 --- Execution of decree --- Limitation --- Principle of merger --- Scope --- The principle of merger holds that when a Superior Court passes a judgment in appeal, irrespective of the fact whether it was set aside or modified or affirmed, the decree of the lower court merges with that of the appellate court --- The principle of merger applies to reversal and modification and also to all those cases, in which judgment of a lower Court is affirmed in appeal or revision by the higher forum --- Therefore, the starting point of limitation of a fresh Execution Petition, subsequent to the first one, is the date of the final judgment of the final court of appeal.