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Doctrine of Merger

Jurisdictional & Appellate Practice Terms

Definition

An appellate jurisprudence doctrine establishing that once an appellate or revisional court takes cognizance of an appeal and delivers a decision on merits, the decree or order of the lower court merges into the appellate order, leaving the appellate decision as the sole operative ruling.

Example

A trial court passes an injunction decree against which a regular first appeal is dismissed on merits by the High Court. When seeking execution or modification, the relevant decree is the High Court’s decree into which the trial decree merged.