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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