force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court ... appeal may lie under this section from an appellate decree passed ex parte . (3) In an appeal under this section, the memorandum of appeal shall
time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge
merits and there is no merger of the decree with
any decree of the Appellate Court. The legislature could
also have simply provided ... merits and there is no merger
of the decree with any decree of the Appellate Court. The
legisla-
391
ture could also have simply provided
appellate decree, except when the decree is passed without notice to the parties; the trial court decree gets merged in the appellate decree. But when ... notice to the decree-holder respondent. The decree-holder filed an E. P. for execution of the decree of the lower appellate court. The contention
appellate decree affirms the decree of the trial court it is a decree of affirmance; if there is a variation made by the appellate decree ... appellate court makes a variation in respect of the award of interest that would affect the character of the appellate decree. Unlike the order
appellate decree was
amended by deleting the name of one of the decree-holders
from the decree. The respondents filed two applications one
on February ... executing the said decree through the Court which passed
the decree against which the appeal was preferred. The
appellate Court which set aside or modified
even when the original decree is confirmed in appeal, the final decree is the decree of the appellate Court. Of course when there has been ... Whether the appellate decree confirms, modifies or reverses the original decree, the original decree is merged in the decree of the appellate Court
executing the said decree through the Court which passed the decree against which the appeal was preferred. The appellate Court which set aside or modified ... Court makes a decree setting aside the decree of the first Court without providing for restitution there is no executable decree for restitution. But this
suit. When the appellate decree affirms, modifies or reverses the decree of the lower Court on merits, the trial Court decree is said ... appellate decree affirms, modifies or reverses the decree on the merits, the trial Court decree is said in law to merge in the appellate decree
aside the whole decree appealed from, and (3) assuming that the entire decree could not be set aside the appellate Court could set aside ... plaintiffs. Against the decree, there was an appeal. The decree was reversed by the Lower Appellate Court, but during the 'pendency of the said
