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Understanding the Doctrine of Merger: A Crucial Concept in Legal Jurisprudence

When petition seeking grant of leave to appeal is dismissed, it is an expression of opinion by the Court that a case for invoking appellate Jurisdiction of the Court was not made out.

If the leave to appeal is granted, the Appellate Jurisdiction of the Court stand invoked. The gate for entry in appellate arena is opened.

The petitioner is in and the respondents may also be called upon to face him.though in an appropriate case, inspite of having granted leave to appeal, the court May dismiss the appeal without noting the respondents.

Inspite of petition for special leave to appeal having been filed, the Judgement, decree or order against which leave to appeal is sought for continues to be, final, effective and binding as between the parties.

Once leave to appeal has been granted, the finality of judgement, decree or order appealed against is put in jeopardy, though it continues to be binding and effective Between the parties unless it is nullity or unless the court may pass a specific order staying or substituting the operation or Execution of the said judgement/Decree or order under challenge

Kunnayammed vs State Kerala ( 2000) 6 SCC 359

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