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    <title>2004 (10) TMI 550 - Supreme Court</title>
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    <description>Where an appeal is decided on merits and results in an appellate decree, the decree of the subordinate court merges into that appellate decree, and execution under Article 136 of the Limitation Act, 1963 runs from the date the appellate decree becomes enforceable. Applying that doctrine, the Supreme Court held that the operative decree for limitation was the High Court&#039;s appellate decree, not the earlier decree of the first appellate court, because the second appeal had been heard on merits and a formal decree was drawn up. The execution application was therefore within limitation, and the challenge to the order permitting execution failed.</description>
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    <pubDate>Fri, 01 Oct 2004 00:00:00 +0530</pubDate>
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      <title>2004 (10) TMI 550 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=120350</link>
      <description>Where an appeal is decided on merits and results in an appellate decree, the decree of the subordinate court merges into that appellate decree, and execution under Article 136 of the Limitation Act, 1963 runs from the date the appellate decree becomes enforceable. Applying that doctrine, the Supreme Court held that the operative decree for limitation was the High Court&#039;s appellate decree, not the earlier decree of the first appellate court, because the second appeal had been heard on merits and a formal decree was drawn up. The execution application was therefore within limitation, and the challenge to the order permitting execution failed.</description>
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      <pubDate>Fri, 01 Oct 2004 00:00:00 +0530</pubDate>
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