High Court could alter the decree which had become merged in the decree of the High Court

Certain contentions raised by Mr. T.H. Khan may be very briefly disposed of. He contended that the Trial Court lacked jurisdiction to interfere with the decree because it had become final through being upheld in appeal in the High Court and not having been appealed against further, and secondly, that only the High Court could alter the decree which had become merged in the decree of the High Court. The mere fact of the decree having become immune to further appeal by the dismissal of the appeal in the High Court and the lack of further appeal does not render the decree a decree of any other Court except that of first instance. No modification was made in the decree by the High Court, and the argument of merger is rendered of no weight by the consideration that in fact the High Court rejected the appeal.

PLD 1965 Supreme Court 37

Used in judgment of
Lahore High Court
Civil Revision
68495/17

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